TERMS AND CONDITIONS OF SALE
1. DEFINITIONS AND INTERPRETATIONS
1.1 In these terms and conditions:
Reference to “we” and “us” is a reference to Cameron Peters Fine Lighting Ltd
Reference to “you” is a reference to the purchaser of the Goods from us.
“Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms.
“Goods” means the luminaires and other items purchased by you from us.
“Terms” means these terms and conditions.
1.2 These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.
2. ACCURACY OF CONTENT
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or in their prices as advertised on this website. Any weights, dimensions and capacities given for the goods are approximate only.
3.1 The price of Goods quoted on our website includes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.
3.2 The cost of packaging and postage/carriage is shown separately and, in the case of any special or overseas orders for which there is not a shipping cost in the system, will be quoted by us on request and payable separately from the price of the Goods.
3.3 All published prices are subject to change at any time without notice.
4. ORDERING GOODS ONLINE
4.1 You confirm to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order and that this information relates to you/the person placing the order and not to any third party.
4.2 When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will be confirmed as soon as reasonably practicable and in any event before delivery of the Goods.
4.3 Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us.
6.1 All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.
6.2 Payment online can be made by Visa, MasterCard or American Express credit or debit card. Cards are processed by Stripe. This secure merchant is independent and will never disclose your payment details to us.
6.3 At our discretion, we may accept payment by cheque or other means. In all cases, delivery will not occur until we are satisfied that the payment has been made. In the case of a payment by cheque, this will be after the cheque has been cleared.
7.1 We will give you an estimated delivery date for the Goods. No times or dates provided by us are guaranteed but, unless otherwise agreed, we will deliver Goods within 30 days from the date we confirm acceptance of your order.
7.2 We will arrange for packing and we will decide on the method of delivery either by post, courier or otherwise.
7.3 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).
7.4 You must notify us promptly and in any event within 48 hours of receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.
8. IF THERE IS A PROBLEM WITH THE GOODS
8.1 If you have any questions or complaints about the goods, please contact us via one of the methods shown on the Contact Us page of our web site.
8.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
8.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must follow the procedures for Returns explained on the Shipping and Returns page of this web site. We will pay the cost of postage or collection.
9. CANCELLATION BY YOU
9.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you receive the Goods (or a third party indicated by you receives them). In the case of multiple deliveries under a single order, the cancellation period runs from receipt of the last delivery.
9.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, e.g. a letter sent by post, or an email to the following address: email@example.com.
9.3 You must communicate your decision to cancel the Contract to us before the cancellation period has expired.
9.4 You must take reasonable care of all Goods in your possession and return them to us, at your expense, following the procedures for Returns explained on the Shipping and Returns page of this web site, within 14 days following the cancellation date.
9.5 If you cancel this Contract, we will refund all payments received from you. This will include the reasonable cost of delivery, if you paid for this. We may make a deduction from the refund for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you.
9.6 We will make the refund without undue delay, and not later than (a) 14 days after the day we receive back from you the Goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Goods.
9.7 We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the refund
9.8 In the case of Goods which are made and supplied to your specification or which have been personalized for you, you will not have the right to cancel the Contract.
10. CANCELLATION BY US
We reserve the right not to process your order if:
we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area; or
one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
11. RISK AND OWNERSHIP
11.1 The risk of loss or damage to Goods passes to you when you actually receive the Goods (or when they are received by some third party that you identified to take possession of the Goods).
11.2 Ownership in all Goods remains with us until full payment of all amounts due to us has been received from you.
11.3 You will be responsible for the safe custody and insurance of all Goods in your possession.
11.4 You have no right to resell any Goods until payment has been received in full by us.
12. WARRANTIES AND LIABILITY
12.1 We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).
12.2 We will not have any responsibility for any damage which occurs to the Goods after you receive them.
12.3 If any defect in any Goods appear within six months of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the defective Goods or to replace them with similar Goods. Any defective Goods to be returned to us must be returned at your expense.
12.4 We will not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.
12.5 Liability to you for loss or damage shall under no circumstances exceed the total amount you have paid us for those Goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).
If you wish to give us any notice relating to a matter covered by these Terms, whether you telephone us or not, you must confirm that notice in writing. In the case of email notices, these are to be sent to firstname.lastname@example.org and you must send them so as to return an acknowledgement of receipt. Notice may be sent by first class post to Cameron Peters Fine Lighting, 39 East Lockinge, WANTAGE OX12 8QD UK.
14. CUSTOMER DEFAULT
give us any incorrect personal information, or
fail to make any payment when it is due, or
cancel any payment, or
become insolvent, or
commit any breach of these Terms
then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.
15. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control including, but not limited to, fire, flood, act of nature, terrorism, war, internet disruption, power failure, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to cancel (or, at our option, to suspend) the Contract.
16.1 Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.
16.2 Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.
16.3 Assignment: We reserve the right to assign any of our rights or obligations under the Contract to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not be able to assign any of your rights or obligations without first getting our written consent.
17. INTELLECTUAL PROPERTY
The Goods supplied are prepared by a designer or artist who owns the copyright in those works. You have no right to make any copies or adaptations of any of those Goods.
18.1 If there is a dispute which we cannot settle by direct negotiation, we may require that it is referred to mediation before any legal proceedings are commenced. In that event, the mediation will be conducted in accordance with the CEDR (Centre for Effective Dispute Resolution) mediation rules current at the date of the dispute, email address: www.cedr.com
18.2 If you are a client/customer and we have made a contract with you by electronic means, you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr. Our email address is email@example.com.
18.3 Any dispute between us will be finally determined by the English courts and you agree to submit to the jurisdiction of those courts.
19. GOVERNING LAW
These Terms and the Contract between us are governed by English law.