Terms and Conditions 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
- These terms of sale apply to all goods supplied by The Lighting Superstore Ltd (Company Number: 7649594) , whose registered office is at Unit G11, Avonside Enterprise Park, Melksham, Wiltshire, SN12 8BT, registered in England and Wales (the "Supplier").
- 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 you and the Supplier.
- 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.
- The contract is subject to your right of cancellation (see below).
- The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and Price of the Goods
- All prices indicated include VAT at the current rate.
- 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.
- The goods are subject to stock availability. The normal availability for each product is displayed on the individual product information pages. The supplier will contact you to inform you of your options should your order be unlikely to become available within the maximum availability period stated on the product pages.
- 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.
- In addition to the price, you may be required to pay a delivery charge for the goods.
- Illustrations, measurements and descriptions are approximate for guidance only and are subject to alteration and modification without prior notification. Finish indicates the colour/finish of the product and may not necessarily indicate the materials used to manufacture the product.
- To reduce transportation issues some products will require assembly and/or adjustment before installation. Most Crystal fittings require dressing (The process of hanging the Crystals from the frame) and some have their Crystals packaged separately to the light fitting itself, again this is done to reduce transportation issues.
- 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 is taken at the point of ordering. Exceptions to this can be made if a product is out of stock for more than 14 days from the point of ordering, please contact the customer service team for details.
- 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.
- 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.
- 0rders placed before 4pm 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.)
- 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.
- 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:
- store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
- 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.
- 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 return transportation costs.
- If your delivery is returned to the Supplier's premises by the courier as a failed delivery due to matters under your control (For example you have not been at the delivery address to accept delivery or have not provided alternative delivery instructions in advance) then your payment will be refunded and return transportation costs may be deducted from your refund.
- 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.
- Time for delivery shall not be of the essence. The goods may be delivered by the Supplier in advance of the quoted delivery date.
- 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.
- 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. You must 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
- The goods are at your risk from the time of delivery
- 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: the goods, and all other sums which are or which become due to the Supplier from you on any account.
- 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.
6. Title for Business Customers
- If you are a business customer until ownership of the goods has passed to you, you must:
- store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier's property;
- not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. 0n request you shall produce the policy of insurance to the Supplier; and
- condition and keep them insured on the Supplier's behalf for their full price against all risks to the reasonable satisfaction of the Supplier. 0n request you shall produce the policy of insurance to the Supplier; and
- hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
- If you are a business customer your right to possession of the goods shall terminate immediately if:
- 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 in 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 its 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 in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
- you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
- you encumber or in any way charge any of the goods.
7. Your Right of Cancellation and Returns Policy (Consumer Distance Selling Regulations)
- You have the right to cancel the contract at any time up to the end of 14 calender days after you receive the goods (see below), providing the goods have not been fitted, assembled or modified in any way and providing they are returned with the original packaging and providing the goods are in an "As New" condition. This does not apply to goods that have been manufactured or modified specifically for you as these can not be returned for credit under the Consumer Distance Selling Regulations.
- To exercise your right of cancellation after the goods have been dispatched you must first fill in a online return request form, Notification by telephone or email is not sufficient. To access the online returns form you must first be signed in then click the link named "Returns". To exercise your right of cancellation before the goods have been dispatched you must first fill in a online cancellation request form, Notification by telephone or email is not sufficient.
- 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.
- Once 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.
- 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.
- If you are given authorisation to return goods to the supplier then you are to do so within 14 days.
- The consumer distance selling regulations do not apply for Business to Business transactions.
- 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.
- 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.
- If the goods supplied to you are damaged on delivery, you should notify the Supplier within 48 hours, the most reliable way of reporting faults or damages is via the online returns system as this inputs the request directly in to The Lighting Superstore returns system. 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.
- 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 as soon as possible, ideally via the online returns system as this inputs the request directly in to The Lighting Superstore returns system, but in any event within 7 days of the date you discovered or ought to have discovered the 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. Providing the product(s) are returned as required on a standard Monday to Friday (Not timed delivery or express) service you will be issued with a refund for the carriage costs incurred. There are maximum limits on the value paid out for carriage refunds so you are advised to obtain quotes and check that your claim for carriage refund will be paid in full before you dispatch the product(s) to us. You must take reasonable care to ensure the goods are not damaged further in the meantime or in transit.
- All goods returned under warranty will undergo full inspection and testing before replacements are issued or any repairs carried out. This may involve the product/s being returned to the manufacturer/s for testing at their test facilities. In either instance your case will be completed as quickly and efficiently as possible. Any goods returned for a warranty claim that are found to not be faulty or the subject of misuse (This includes incorrect installation) will be returned to the customer/s at their cost.
- Unless otherwise stated bulbs (lamps) are not covered by warranty and will not be replaced free of charge regardless of whether the bulbs where purchased or supplied as part of a light fitting. Customers are advised that standard light switches, poor quality dimmer switches, power surges and spikes in the electricity supply are the most likely causes of early bulb (lamp) failure. Bulbs that are dead on arrival may be replaced at our discretion providing we receive written notification within 48 hours of delivery.
- Anti corrosion guarantees are dependant on geographical location. Addresses within costal regions will have an effect on the anti corrosion properties of some products and may therefore invalidate the anti corrosion guarantee. Further information can be obtained from The Lighting Superstore prior to you making your purchase/installation.
9. Installation / Fitting
- You must ensure that any installation / fitting of non portable lighting purchased from The Lighting Superstore 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 may invalidate your warranty, may be in breach of the current building regulations and may have a negative effect your home insurance.
- 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
- 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.
- 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.
- 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.
- Under no circumstances will the Supplier be held responsible for but not limited to 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 installer or prepare for installation (For example cut holes for recessed spot lights) on the basis of an ETA set by the supplier. You are advised to only prepare for installation and book your installer once you have the lights in your possession and you have checked them for suitability.
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 Superstore.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 Superstore.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 Superstore.co.uk must first obtain permission in writing and legal action may be taken if deemed necessary by The Lighting Superstore.co.uk if permission was not obtained in advance or if permission was denied.
14. Loyalty Discount
- Loyalty points can only be used as credit against future orders.
- The number of points per pound earned can vary, they are currently set to 2 points for every pound you spend on a product.
- Your points are added to your account once the qualifying order has been dispatched.
- Each point is worth a credit to the value of £0.01
- There is no cash value and points can not be cashed in.
- Some Orders (For example some bulk orders) do not earn loyalty points.
- You earn points for money spent on Products, you do not earn points for money spent on carriage.
- Refunds issued against an order that has earned Loyalty Points will cause the removal of points to the same value of the refund. If the loyalty points have already been used up on another order then their equivalent value will be deducted from your refund.
15. International Orders
- By default, The Lighting Superstore web site is configured to only process orders from within the UK and the delivery charges displayed only apply to UK addresses. However, some exceptions can be made for a number of international destinations.
- International transportation costs can vary greatly depending on location and the size of the consignment, because of this, all international transportation costs are manually calculated on a per order basis.
- In most instances there are bank transaction charges applied to international payments and refunds. These bank charges can vary and they will be manually calculated on a per order basis. All international bank transaction charges will be passed on to the customer.
Company Contact Details
The Lighting Superstore Ltd
Unit G11, Avonside Enterprise Park,
Tel: 01225 704442
Last Updated 18/10/2018 (Minor typo in leading paragraph corrected)
Date and time now: 14/12/2018 15:58:10