1. All orders for goods (the “Goods”) to be supplied by Designer Outdoor Lighting are subject to these conditions of sale and the placing of an order by a buyer (“the Buyer”) will constitute acceptance of these terms and conditions.
2. These conditions may not be modified or varied unless the Company agrees in writing and the Company will not be deemed to accept any other conditions not waive any of these conditions by failing to object to provisions contained in any purchase order or other communications from the Buyer. No person has authority on behalf of the Company to vary any conditions except by a written variation signed by a director or the company secretary.
3. Unless otherwise agreed by the Company in writing, accounts are payable in full prior to delivery of the Goods taking place.
4. Delivery dates (if any) given by the Company are given in good faith to indicate estimated delivery times but will not amount to any contractual obligation to deliver at the times stated. The Company will not be liable for any loss including (but not limited to) loss of profit, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence) nor unless any delay exceeds 180 days will such delay entitle the Buyer to terminate or rescind the contract.
5. If the Buyer fails to take delivery of any of the Goods when they are ready for delivery, or fails to provide any instructions or authorisations required to enable Goods to be delivered on time the Goods will be deemed to have been delivered.
Passing of the title/risk
6. Risk of damage to or loss of the Goods will pass to the Buyer upon delivery.
7. The cost of delivery to a single address within mainland UK is charged at £9.00 for orders under £120 inclusive of UK VAT. See shipping & warranty for more info on costs. Saturdays and Sundays are not applicable to any delivery service we offer.
Damage in transit and shortages
8. The Company will repair or replace free of charge, Goods damaged in transit provided that the Company and its designated carriers receive written notification of such damage within three days of delivery. Goods received in a damaged or unsatisfactory condition must be signed for as such.
9. On receipt Goods should be checked by the Buyer with the advice note enclosed with the Goods. Shortage claims will be considered if the Company and its designated carriers receive written notification of any such shortage within 3 days of delivery failing which no liability will be admitted. In any such case, the packaging and contents should be retained for inspection.
10. Goods correctly supplied may be returned (at the buyers expense) without the Company’s written agreement within 30 days of purchase date. Goods so returned must be consigned carriage paid and accompanied by a packing note stating the recipients invoice/order number and date thereof together with the reason for return. Goods supplied in error returned for exchange will be shipped to back to the buyer at the Company’s expense. Goods returned due to miss-pick, damage or failure should be sent Royal Mail 2nd Class Recorded Delivery as we will not reimburse any other method of shipment. Goods returned outside of the 30 day return period or Goods returned without original packaging or not in a resaleable condition will be charged a restocking fee of 10% of the value of the product/s returned. Goods returned for Exchange or Refund outside of the 30 day return period will be chargeable for the subsidised delivery costs of £5.00.
11. If the Goods (or any of them) are returned and are subsequently lost in transit the Company will only issue credit if it can be conclusively proved that the Company or its agents have actually removed the Goods from the Buyer’s premises.
Descriptive Matter, Specifications and Illustrations
12. All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and intended only to present a general idea of the goods to which they refer and will not form part of the contract. All particulars are provided by the manufacturer.
13. The Company’s policy is one of continuous improvement and it reserves the right to make reasonable changes to product specifications at its discretion. When placing an order with the Company, the Buyer must satisfy himself that the Company’s then current specification of all the Goods is appropriate for its (or its customer’s) requirements.
Limitations of Liability
14. Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation, or the conditions as to title implied by section 12 of the Sale of Goods Act 1979 as amended from time to time.
Value Added Tax
15. Where chargeable Value Added Tax will be charged at the rate applicable at the date the Goods are dispatched.
16. Failure by the Company to enforce or partially enforce any provision of this contract will not be construed as a waiver of any rights under this contract.
Cancellation of the Order
17. The Company reserves the right to refuse to accept any cancellation of an order unless notification in writing is given to the Company and accepted in writing by the Company. In the event of any cancellation the Buyer must pay expenses incurred by the Company.
18. It is prohibited for anyone to use any device or software program to directly or indirectly interface, or attempt to interface with this website, to retrieve content, and or any other data, including prices. It is also prohibited to interfere, or attempt to interfere with the normal working of this website, any activity that we consider places undue load or stress on our systems will be terminated. We constantly monitor everyone accessing our website, and any automated systems, or persons conducting a unreasonable amount of searches, with an aim to access information and/or prices will be terminated, and the blocked from our websites. Your use of the website indicates your agreement to be bound by these Conditions of Use.
19. Goods bought from promotional offers that are offered as clearance or end of line will not be refundable or offered a replacement.
20. Designer Outdoor Lighting will not be responsible for the compatibility of products bought from our websites with the compaibilty of products not bought from our websites