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Consumer Terms Of Sale

1. Definitions

            a) The “Seller” means Lighting Site.

            b) The “Buyer” means the person who buys or agrees to buy the goods from the seller.

            c) The “Goods” means all items which the buyer agrees to buy from the seller.

2. General

Orders are only accepted subject to the Conditions of sale set out below and the seller shall not be bound by any other terms, written, verbal or implied, or which are conditions customary in the trade and whether contained in customers order forms or not. These conditions shall apply unless expressly varied by the seller in writing.

Pictures are for illustration purposes only and products may vary. 

 

3. Terms

The seller has the right to discontinue delivery without notice if the buyer defaults payment, or if circumstances warrant such discontinuance. Pro-forma orders will only be delivered when the seller has received payments in full, including confirmed clearance of any cheque.

4. Prices

Whilst every endeavour will be made to deliver at the prices quoted, the seller reserves the right to invoice at the price ruling at the date of delivery. All prices are subject to VAT at the rate prevailing at the date of the invoice.

5. Risk and Delivery 

a) Goods are delivered to the buyer when the seller makes them available to the buyer (or any agent of the buyer) at the sellers premises or other delivery point agreed by the seller and risk in the goods passes when they are delivered to the buyer.

b) The seller shall not be liable for any penalty, loss, injury, damage or failure in delivery from any cause at all nor shall any such delay or failure entitle the buyer to refuse to appect any delivery or to repudiate the contract.

c) Any dates quoted by the seller for delivery of the goods are approximate only shall not from part of the contract and the buyer acknowledges that in the performance expected of the seller no regard has been paid to any quoted delivery dates.

d) The buyer is liable to return unwanted products at there own cost of delivery. If a product is damaged or faulty then the seller will arrange collection of the goods to be replaced.

6. Carriage

A charge to cover carriage and handling will be added to all invoices on orders of under £99.99 Ex VAT for deliveries within the United Kingdom, and Eire. For orders in excess of these amounts, the seller will be liable for carriage and handling costs for deliveries within UK, Channel Islands, Isle of Man and Eire.

7. Claims

Claims must be notified in writing within seven days of receipt, otherwise responsibility cannot be accepted.

The seller’s liability shall be limited to, at the seller’s option, replacing the goods or refunding the price of goods. Under no circumstances shall the liability of the seller exceed the price of the goods. Replacements for damaged goods will be charged and credit issued on the return of the damaged goods to the seller in the original package. There is a 25% restocking charge on goods that are returned, on products that are not stocked by the seller.If you wish to exchange or request a refund for any particular product that was bought by mistake or returned to us under false pretences i.e requesting a refund for faulty goods, delivery charges incurred will be the sole responsibility of the the customer.

8. Retention of Tilte

a) In spite of delivery having been made, property in the goods shall not pass from the seller until payment in full of the price by the buyer. 

b) Not withstanding delivery, property in the goods shall not pass from the seller until payment in full of the price of the buyer.

c) Until payment in full for the goods, the buyer shall hold the goods on a fiduciary basis as bailee for the seller.

d) Whilst the buyer has the right to dispose of the goods in the ordinary course of business on a bona fide sale without notice to the customer of the seller right hereunder, the entire proceeds of sale or otherwise of the goods shall be held in trust for the seller unit payment in full for the goods.

e) Until payment in full for the goods the buyer hereby grants to the seller the right to enter any premises where the goods are stored in order to re-possess or inspect them.

9. Breach and Insolvency

If the buyer breaches any condition of this contact or becomes subject to an Administration Order or becomes bankrupt or has a receiver appointed for or distress is levied on any part of its assets or business or goes into liquidation or makes any compositions with its creditors, the seller shall be entitled (Whether in respect of this contract or any other) to:

a) Withhold any further deliveries to the buyer and/or cancel the contract without liability;

b) Appropriate any payment made by the buyer to such of the goods (Whether supplied under this contract or any other) as the seller shall think fit;

c) Immediate payment of all sums whatever, owing by the buyer to the seller notwithstanding any previous agreement to the contrary;

d) Exercise any of its rights pursuant to clause 8 above

10. Product Information

Although the seller shall use its best endeavours to ensure that the information contained in the seller’s catalogue is correct at the time of going to press, the seller shall not be under any liability for any damage, loss or expense resulting from any error or omission contained in the seller’s catalogue. Goods supplied may vary in detail from the illustrations, drawings and descriptions (Which are approximate and for guidance only) in the sellers catalogue as a result in improvements and modifications.

Colour finishes will be maintained as accurately as possible, but matching cannot be guaranteed.

11. Force Majeure

The seller shall not be liable for any default due to any act of God, war, strikes, lockouts or other industrial action, difficulties in obtaining labour or parts, government or other restrictions or other event beyond the reasonable control of the seller.

12. Law and Jurisdiction

All disputes arising out of or in connection with the contact shall be governed by English law and the buyer accepts the jurisdiction of the Courts of England 

13.  Returns and Restocking 

  • When goods are agreed for a return or cancellation the Buyer shall pay a handling and restocking charge to cover     administration and inspection charges involved in reprocessing products back to stock. The charge will be subject to variation without notice but is currently 25% of the invoiced value of goods. Specified goods and goods which are not a standard stock line cannot be accepted for return unless otherwise agreed.