In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means Daylight Lamps at www.daylight-lamps.co.uk
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price on the Seller's website as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is INCLUSIVE of VAT and excludes delivery charges. Delivery charges are charged by weight of goods.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available to be delivered to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 2 to 7 days of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not comply with any parts of the Contract.
6.2 Where a claim of defect or damage is made then the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to a full cost refund of Goods (excluding delivery costs).
6.3 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (excluding delivery charges, if any).
7 LIMITATION OF LIABILITY
7.1 The Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
7.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
8 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of UK and the parties hereby submit to the exclusive jurisdiction of the British courts.
In these terms and conditions the following terms shall have the following meanings :-
'We, Us, Our' Daylight Lamps
Registered Office :
2 Royal Oak Place
tel: 0845 643 5016
VAT 994 1192 92
Company Number : 07313340
'You, Your' - The Customer/Consumer
'Contract' - A contract for the sale of Goods by us to you.
'Goods' - Any Goods forming the subject of a Contract including parts of, or materials incorporated in, them as more particularly described upon this Website.
'Website' - Our Website, the address of which is : www.daylight-lamps.co.uk
2. Contact Details
Our contact address and details are :-
2 Royal Oak Place
Telephone : 0845 643 5016
Email address : firstname.lastname@example.org
3.1 The Price of the Goods is set out on the Website and the confirmation of order. The price is in Great Britain Pounds Sterling and includes all taxes or other duties due, including Value Added Tax, charged at the rate or rates applicable at the date of confirmation of order.
3.2 Delivery charges to mainland UK addresses are included in the price of the Goods.
4. Completing the Contract
4.1 When you complete your details and the details of the Goods which you wish to purchase and submit them to us by clicking the order button online you are offering to purchase the Goods at the price shown on the Website subject to these terms and conditions.
4.2 The Contract for the sale by us to you of the Goods is completed when we have take payment for the goods .
4.3 We reserve the right at our discretion to refuse to complete a contract for the sale of Goods to you.
Payment is made by credit or debit card through our secure server.
6.1 Once your order has been confirmed by us and payment completed, your Goods will be despatched to you as soon as possible. In any event, delivery will take place within 7 days, commencing on the day after you have forwarded your order. If for whatever reason the Goods which you have ordered are not available, we will inform you as soon as possible and will provide a full refund of any money paid by you within a 7 day period.
6.2 Delivery of Goods will be to the address specified by you at the time of order only and will take place on a week-day by one of the following methods: Royal Mail or a courier service used at the time. Delivery times are not guaranteed but next day weekday deliveries can be selected for an extra charge detailed on the order form. If delivery is delayed due to any cause beyond our reasonable control, we will contact you to make an alternative arrangement for delivery. If the address you supply has any mistake causing the delivery company to be unable to deliver the package, we will send your purchase again but a further shipping will then be chargeable.
7. Cancellation of Orders & Returns
7.1 You have a right to cancel your order within fifteen working days of receiving the Goods. The seven day period begins upon the date of delivery of the Goods to you.
7.2 In order to cancel your order, you must notify us by email or in writing to our contact address within this 15 day period. A refund of any monies paid by you to us for the Goods will be made within 30 days of your cancellation. If you have paid for the price of the Goods by credit or debit card, your credit or debit card account will be re-credited as soon as possible and in any event within the above 30 day period.
7.3 If you cancel your order you must take good care of the Goods and must return them to us at your own expense. Non-Faulty Goods must be returned in their original packaging and condition at customers expense. We will refund full cost less any carriage costs incurred by ourselves within 30 days of cancellation of your order. If the Goods have been damaged whilst in your possession then you will be liable for the cost of repairing that damage. The Goods must be returned unused with all fittings and guarantees enclosed. If, after cancelling an order, you fail to return the Goods to us, we are entitled to collect the Goods from you and deduct from the refund referred to at paragraph 7.2 above, the cost of collecting the Goods from you.
8.1 You should examine the Goods upon your receipt of them. If the Goods are faulty or damaged you must notify us at the contact address in clause 2, within seven working days of your receipt of the Goods. We will then, as appropriate, repair and return the Goods to you or deliver replacement Goods to you.
9. Extent of Liability
9.1 We make every effort to ensure that goods advertised for sale on the Website are described accurately. However, the descriptions of goods on the Website do not form part of the contract between you and us. They are designed to represent a general idea of the Goods. You should ensure that the goods which you are purchasing from us are suitable for your intended purpose. We do not give any warranty that the Goods, which you purchase from us, are suitable for your intended purpose.
9.2 We will not be liable to you for any loss or damage which you suffer as a result of any breach by us of this contract, including, but not limited to, consequential loss to you and/or loss or damage to the property of third parties. In any event our liability to you arising directly from our negligence will not exceed the invoice value of the Goods. Nothing in this clause will limit our liability for death or personal injury resulting from our negligence. This clause does not affect your statutory rights.
9.3 We make e very effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any website accessible through it will not cause damage to your computer. It is your responsibility to provide adequate protection for your equipment which you use to access this Website. We will not be liable to you or to anyone else for any loss or damage which may be caused to any equipment arising as a result of your use of this Website.
10. Law and Jurisdiction
10.1 The contract shall be governed by English law and we and you consent to the exclusive jurisdiction of the courts of England and Wales. If you access the Website from locations outside of England and Wales you are responsible for complying with any laws applicable to that territory.
11. Data Protection
12.1 The contents of this Website are protected by the law of copyright.
12.2 All rights in this Website, including Copyright, are owned or licensed to
Wye Needlecraft Ltd t/a Daylight Lamps. You may copy or save items included in this Website for your own personal, non-commercial use only.