The lighting source .co.uk
Consumer Terms of Sale
Please read these terms and conditions of sale carefully
(Paying particular attention to section 7 Returns policy)
before placing your order and retain a hard copy for future
reference. It is also advisable to retain a hard copy of
your sales order for future reference.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by
Watford Electrical Solutions Ltd T/A TheLightingSource.co.uk
, registered in England and Wales No. 4264184 (the
"Supplier").
1.2 No contract exists between you and the Supplier for the
sale of any goods until the Supplier has received and
accepted your order and the Supplier has received payment in
full (in cleared funds). 0nce the Supplier does so, there is
a binding legal contract between us.
1.3 By way of clarification, an acknowledgement of your
order will be sent to you via e-mail when you place your
order, but acceptance of your offer to buy the goods will
not take place until after your payment is taken and you
receive your acceptance e-mail. It is at this point that a
binding legal contract is created and any contract is
subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation
(see below).
1.5 The Supplier may change these terms of sale without
notice to you in relation to future sales.
2. Description and price of the
goods
2.1 The description and price of the goods you order will be
as shown on the Supplier's website at the time you place
your order.
2.2 The goods are subject to availability. If on receipt of
your order the goods you have ordered are not available in
stock, the Supplier will inform you as soon as possible and
refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the
Supplier's website are accurate at the time you place your
order. If an error is found, the Supplier will inform you as
soon as possible and offer you the option of reconfirming
your order at the correct price, or canceling your order. If
the Supplier does not receive an order confirmation within
14 days of informing you of the error, the order will be
cancelled automatically. If you cancel, the Supplier will
refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a
delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made
by any method shown on the Supplier's website at the time
you place your order. Payment shall be due before the
delivery date and time for payment shall be of the essence.
3.2 There will be no delivery until cleared funds are
received.
3.3 Payments shall be made by you without any deduction
whether by way of set-off, counterclaim, discount, abatement
or otherwise unless you have a valid court order requiring
an amount equal to such deduction to be paid by the Supplier
to you.
4. Delivery
4.1 The goods you order will be delivered to the address you
give when you place your order, except that some deliveries
are not made outside the United Kingdom.
4.2 0rders placed before 2:00 pm on a working day will be
processed that day and will be delivered as per the
requested delivery option provided no additional security
checks are required and all stock items are available. (A
working day is any day other than weekends and bank or other
public holidays.)
4.3 If delivery cannot be made to your address for reasons
under the Supplier's control the Supplier will inform you as
soon as possible and refund or re-credit you for any sum
that has been paid by you or debited from your credit card
for delivery.
4.4 If you deliberately fail to take delivery of the goods
(otherwise than by reason of circumstances under control of
the Supplier) then without prejudice to any other right or
remedy available to the Supplier , the Supplier may:
4.4.1 store the goods until actual delivery and charge you
for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price
and (after deducting all reasonable storage and selling
expenses) account to you for any excess over the price you
agreed to pay for the goods or charge you for any shortfall
below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled
your contract under the Distance Selling Regulations the
Supplier shall 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, less any expenses incurred for
failed delivery.
4.6 Every effort will be made to deliver the goods as soon
as possible after your order has been accepted. However, the
Supplier will not be liable for any loss or damage suffered
by you through reasonable or unavoidable delay in delivery.
In this case, the Supplier will inform you as soon as
possible.
4.7 Time for delivery shall not be of the essence. The goods
may be delivered by the Supplier in advance of the quoted
delivery date.
4.8 Upon receipt of your order you will be asked to sign for
the goods received in good condition. If you are unable to
check the contents of the package at that moment in time
please sign for the parcel as "UNCHECKED". Failure to do so
may affect any warranty claims that you make thereafter.
4.9 When your order arrives you must check for damages and
or shortages. Claims for damages and or shortages have to be
made within 48 hours of receipt of your delivery. Claims for
damages and or shortages made after 48 hours of your
delivery arriving will be refused. Time and date of delivery
is recorded with our carriers. Keep all the packaging from
your delivery in a secure dry environment in case you need
to return any part of your order to us.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 0wnership of the goods shall not pass to you until the
Supplier has received in full (in cash or cleared funds) all
sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the
Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for
the goods notwithstanding that ownership of any of the goods
has not passed from the Supplier.
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7. Your right of cancellation and Returns Policy
7.1 You have the right to cancel the contract at any time up
to the end of 7 working days after you receive the goods
(see below), providing the goods have not been fitted or
modified in any way and providing they are returned with the
original packaging and providing the goods are in a
resalable condition. This does not apply to goods that have
been manufactured specifically for you, for example Bespoke
Lampshades can not be returned for credit.
7.2 To exercise your right of cancellation, you must fill in
a online return request form, Notification by telephone is
not sufficient . To access the online returns form you must
first be signed in then click the link named " Returns ".
7.3 If you exercise your right of cancellation after the
goods have been dispatched, you will be responsible for
returning the goods to the Supplier at your own cost. 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.
7.4 0nce you have notified the Supplier that you are
canceling the contract, the Supplier 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.
7.5 If you do not return the goods as required, the Supplier
may charge you a sum not exceeding the direct costs of
recovering the goods.
8. Warranty
8.1 All goods supplied by the Supplier are warranted free
from defects for 12 months from the date of supply (unless
otherwise stated). This warranty does not affect your
statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods
arising from fair wear and tear, wilful damage, accident,
negligence by you or any third party, use otherwise than as
recommended by the Supplier, failure to follow the
Supplier's instructions, or any alteration or repair carried
out without the Supplier's approval.
8.3 If the goods supplied to you are damaged on delivery,
you should notify the Supplier in writing via the e-mail
address or fax number shown below within 7 days. Initially
you will be responsible for returning the goods to the
Supplier at your own cost, your return will be inspected
upon delivery to the supplier and providing the goods have
been returned as required you may be issued with a refund
for the carriage costs incurred. The goods must be returned
to the address shown below. You must take reasonable care to
ensure the goods are not damaged further in the meantime or
in transit.
8.4 If the goods supplied to you develop a defect while
under warranty or you have any other complaint about the
goods, you should notify the Supplier in writing via the
e-mail address or fax number shown below, as soon as
possible, but in any event within 7 days of the date you
discovered or ought to have discovered the damage, defect or
complaint. Initially you will be responsible for returning
the goods to the Supplier at your own cost, your return will
be inspected upon delivery to the supplier and providing the
goods have been returned as required you may be issued with
a refund for the carriage costs incurred. The goods must be
returned to the address shown below. You must take
reasonable care to ensure the goods are not damaged further
in the meantime or in transit.
9. Installation /
Fitting
You must ensure that any installation / fitting of non
portable lighting purchased from The Lighting Source must be
carried out by a qualified electrician.
From 1st January 2005 any installation / fitting of non
portable lighting may be subject to Part P of the current
building regulations, for more information please contact
your local building regulations office.
Failure to have none portable lighting installed / fitted by
a qualified electrician will invalidate your warranty and
may be in breach of the current building regulations.
Your electrician may require one of the following
qualifications; BRE Certification Limited, British Standards
Institute, ELECSA Limited, NICEIC Certification Services
Ltd, N.A.P.I.T.
10. Limitation of
Liability
10.1 the Supplier's total liability in contract, tort
(including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in
connection with the performance or contemplated performance
of this agreement shall be limited to the price paid for the
goods.
10.2 Nothing in these conditions excludes or limits the
liability of the Supplier for death or personal injury
caused by the Supplier's negligence or fraudulent
misrepresentation.
10.3 If you are a business customer the Supplier shall not
be liable to you for any indirect or consequential loss or
damage (whether for loss of profit, loss of business,
depletion of goodwill or otherwise), costs, expenses or
other claims for consequential compensation whatsoever
(howsoever caused) which arise out of or in connection with
this agreement.
10.4 Under no circumstances will the Supplier be held
responsible for but not limited to additional electrician or
any other contractor fees that arise because of but not
limited to late, damaged or incorrect delivery of goods. You
should not book an Electrician or any other contractor on
the basis of an ETA set by the supplier.
11. Data Protection
The Supplier will take all reasonable precautions to keep
the details of your order and payment secure but unless the
Supplier is negligent, the Supplier will not be liable for
unauthorized acess to information supplied by you.
12. Applicable Law
These terms of sale and the supply of the goods will be
subject to English law and the English courts will have
jurisdiction in respect of any dispute arising from the
contract.
13. Copyright Notice
All content in what ever format found on The Lighting
Source.co.uk web site is copyright of it's respective
owner(s) and legal action may be taken if any person(s) or
business is found using the content found on The Lighting
Source.co.uk web site without permission in advance.
In addition to the above copyright notice any person/persons
or businesses wishing to use hyperlinks or links in any
other format to link The Lighting Source.co.uk must first
obtain permission in writing and legal action may be taken
if deemed necessary by The Lighting Source.co.uk if
permission was not obtained in advance or if permission was
denied. |