Consumer Terms & Conditions

Consumer Terms and Conditions of Supply

 

1. These Terms

 

1.1         To whom these terms apply and what they cover. These are the terms and conditions on which Lighting for Gardens Limited will supply our products to customers who are consumers.

 

You are a consumer if you are buying the products wholly or mainly for purposes outside of your trade, business, craft or profession (e.g. for domestic or personal use).

 

If you are a business or trade customer, our Business Terms and Conditions of Supply will apply to your purchase. You are a business or trade customer if you are purchasing the products, wholly or mainly for purposes relating to your trade, business, craft or profession, whether you are acting for yourself or on behalf of a third party.

 

1.2         Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

 

2.  Who we are and how to contact us

 

2.1   Who we are. We operate the website www.lightingforgardens.com .   We are Lighting for Gardens Limited, a company registered in England and Wales under company number 3678804 and with our registered office at Lower Clough Mill, Pendle Street, Barrowford, Lancashire BB9 8PH United Kingdom. Our VAT number is 587 6855 66.

 

2.2  Contacting us.  The easiest way to do this is to email us at sales@lightingforgardens.com or contact our Customer Services Team by telephone on 01462 486777 (Mon-Thurs 9.00am-5pm, Fri 9.00am-4pm) or by post to Lighting for Gardens Ltd, 7-8 Amor Way, Letchworth Garden City, Hertfordshire SG6 1UG.  When emailing us or writing to us about an order please include details of your order (including the order number) to help us to identify it.

 

2.3   How we may contact you. If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.

 

2.4   "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

 

 

3.  How the contract between us and you is formed

 

3.1   How we will accept your order and when a contract between us will be formed. Our acceptance of any order you wish to place with us will take place when we email you to confirm that we are dispatching your order (or, if you are collecting from us, when we email you to confirm that your order is ready for collection), at which point a contract will come into existence between you and us.

 

3.2   Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can refer to this order number whenever you contact us about your order.

 

3.3   If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be, for example, because the product is out of stock, because of unexpected limits on our resources or other events beyond our control which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We also reserve the right to refuse to accept an order from any potential customer for any other reason. If you have already paid for the product, we will refund you the full amount, including any delivery costs charged, as soon as possible and within 30 days.

 

 

4.   Our products and product warranty

 

4.1   Products featured on our website and in our brochures. The images of the products in our brochures and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations resulting from the use of natural materials. Your product may vary slightly from those images. Similarly, the packaging of the product may vary from that shown in images in our brochure and on our website.

 

4.2   Our 24 month product warranty. The product warranty set out in this clause 4.2 is in addition to, and does not affect, your legal rights in relation to the products that you buy from us as a consumer (including your rights under the Consumer Rights Act 2015). This warranty only applies to products that are bought for use in the United Kingdom unless otherwise provided for in any applicable specification sheets.

 

4.2.1   Our warranty. Unless we specify otherwise for a particular product (including those mentioned in clause 4.2.6), we guarantee that on delivery, and for a period of 24 months from the date of delivery (warranty period), the product will be free from any faults.

 

4.2.2  What to do of a product falls short of the warranty. If you believe a product does not comply with the warranty set out in clause 4.2.1 then you must:

(a)   tell us about the fault as soon as possible after you discover it (and within the warranty period) using the contact details at clause 2.2, telling us the order number, details of the relevant products and the reason why you believe that it is faulty; and,

(b)   (if we ask you to) provide us with photographic evidence of the fault; and,

(c)   (if we ask you to) return the products to us for examination, at our cost (except where the products are not located in the UK); and,

(d)   give us a reasonable opportunity to examine products that are the subject of your complaint.

 

4.2.3   What we will do if the product falls short of the warranty. If the products do not comply with our warranty then:

 

(a)   We will give you a full refund if you told us about the fault within 30 days of your receipt of the products.

 

(b)   If you told us about the fault later than 30 days from your receipt of the product, we will (depending on the problem) offer to either: (i) repair the product or (ii) replace the product. If a repair does not fix the fault we will offer you a full refund or (if you wish to keep the product anyway) offer you a partial refund.

 

(c)   Where we are repairing, replacing or refunding the product, you must return the product to us. We will issue you with an authorised returns number and make arrangements with you for the collection of the defective products at our expense, using our carrier.

 

4.2.4   We will not be responsible for any product’s failure to comply with the warranty set out in clause 4.2.1 in any of the following circumstances:

 

(a)   the fault arises because you did not follow the instructions about installation, storage, handling, use, care or maintenance of the product;

 

(b)   you have altered or repaired the product yourself or using a third party; or

 

(c)   the condition of the product is as a result of fair wear and tear, wilful damage or negligence.

 

4.2.5   The warranty will apply to any repaired or replacement products supplied by us.

 

4.2.6   The warranty set out in clause 4.2.1 does not apply to a small number of our products such as certain types of 240v lights, lamp holders and halogen lamps (although your statutory rights will still apply in respect of these). Warranty details can be viewed against individual products on our website and on the product specification sheets.  

 

 

 

5.  Our right to change the terms and conditions

 

5.1   The terms and conditions that apply to our contract. We may need to revise these terms and conditions from time to time, for example, to reflect changes in relevant laws and regulatory requirements. Every time you order products from us, the terms and conditions that are in force at the time of your order (i.e. the version on our website) will apply to the contract between you and us.

 

5.2  If we have to revise the terms and conditions that apply to our contract (i.e. the ones that were on our website when you placed the order), we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.  You may cancel either in respect of all the affected products or just the products you have yet to receive.  If you opt to cancel, you will have to return (we will organise collection at our cost) any relevant products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

 

 

6.  When we may need to make changes to the contract

 

6.1   Where a product becomes unavailable, delayed, or we have to withdraw it after we have accepted your order. If you order a product which becomes unavailable, or its availability is delayed, or we have to withdraw it, for whatever reason, then we will contact you and to offer to:

6.1.1   supply a suitable alternative product; or

6.1.2   make a partial shipment of the remainder of products that you have ordered.

 

6.2   You do not have to accept the change proposed. You are under no obligation to accept either of the alternatives in clauses 6.1.1 or 6.1.2, and you may cancel the entire contract instead. If you cancel the contract under clause 6.2 we shall refund to you any monies paid to us in accordance with clause 10.9.

 

6.3   Whilst we will refund you if you choose to cancel, we will not accept any further liability to you for our inability to supply the products (such as costs incurred by booking an installation contractor).

 

 

 7. Price

 

7.1   Where the products are sold through the website then the price of the products shall be the price stipulated on the website at the date of the contract.  Otherwise, we will inform you of the price before you place your order.

 

7.2   All prices are fixed at the date of the contract and will only subsequently be varied by agreement in writing by both us and you.

 

7.3   Unless otherwise stated, prices quoted for products on the website are shown per item.

 

7.4    The price of the products is inclusive of VAT at the prevailing rate, which is currently 20%. The prices are exclusive of:

7.4.1   any other tax or duty relating to manufacture, transport, import or export, all of which (if relevant), shall be applicable at the prevailing rate at the date on which dispatch of the products is confirmed; and,

7.4.2   delivery, packing and handling charges which are explained in clause 8 below.

 

7.5   All prices quoted on the website and all charges referred to in terms and conditions are in pounds sterling unless otherwise specified, and all payments must be made in pounds sterling unless otherwise agreed in writing by us.

 

7.6   Whilst we make every effort to prevent any errors and/or omissions on the website, mis-pricing may occur. We review all prices as part of our order processing system and, in the event that the product’s correct price is lower than that stated on the website, then we will charge the lower amount and process the order accordingly. In the event that the product’s correct price is higher than that stated on the website then we will (at our option) either:

 

7.6.1   contact you for your instructions prior to dispatch of the order; or,

 

7.6.2   cancel your order, notify you of such cancellation and refund you the full amount that you have already paid, including any delivery costs charged, as soon as possible and within 30 days.

 

7.7   Where we have agreed to deliver your products to a non-UK destination, you will also be responsible for (and we shall be entitled to recover from you) all costs, expenses, taxes, duties and charges associated with the export, import or delivery of the products to your requested delivery location.

 

 

8. Delivery charges and delivery of your order

 

8.1   Our standard delivery terms and charges are displayed on the Delivery Information page of our website. These are subject to change and we may notify you of any such change prior to the date of the dispatch confirmation.

 

8.2   Special deliveries. In the event that you have requested a delivery on a day or time or to a location outside of our normal delivery terms (with reference to the Delivery Information), the charges for delivery may be different. We shall advise you of relevant charges and confirm these in writing to you before you place your order.

 

8.3   When we will deliver the products. Delivery will be made no more than 30 days after the date on which you receive your dispatch confirmation unless you and we expressly agree otherwise. Our delivery terms are set out on the Delivery Information page of our website.

 

8.4   Our right to deliver to the payment card holder. In the event that payment for the products has been, or is to be, made through the use of a debit or credit card then we reserve the right to only deliver the products to the registered address of the holder of that card.

 

8.5   We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

8.6   Your rights if we deliver late. If you haven’t received your order within 30 days, or by the later date that you and we agreed (if different), then you have the right to, (but do not have to) cancel your contract straight away and receive a refund for any products you have paid for but not received.

 

8.7   If you do not wish to cancel for late delivery. If you do not wish to cancel your order straight away, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order (and receive a refund for any products you have paid for but not received) if we do not meet the new deadline.

 

8.8   Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our normal business hours as set out in clause 2.2.

 

8.9   If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

 

8.10   If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12 will apply.

 

8.11   When you become responsible for the products. The products ordered will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

 

8.12   When you own products ordered. You own a product once we have received payment in full and cleared funds for it, and we have acknowledged it.

 

 

 

9. Payment

 

9.1   Accepted payment methods. Unless agreed otherwise in writing with us, you must pay for products ordered before we dispatch them. We accept payment through our website by any of the following methods:

9.1.1   authorised credit card,

9.1.2   authorised debit card or

9.1.3   Paypal Account.

 

9.2   Security of credit and debit card payments. Where you make payment for the products through either an authorised credit card or an authorised debit card then, whilst we shall use all reasonable precautions and measures to protect and maintain secure the details of the credit or debit card, we shall not be liable for any losses incurred or sustained by you by a breach of security. In the event that you discover that any products have been ordered and paid for by persons unauthorised by you, using your credit or debit card, then you must inform us, and we shall use our reasonable endeavours to assist you in connection with such unauthorised use.

 

9.3   Fraudulent communications about our payment details. In the event that you receive any communication informing you that any of our details, including our account details for payment or other remittance advice have changed, you must contact our Customer Service team on 01462 486777 to verify the authenticity of that communication prior to taking any action in case it is fraudulent or otherwise does not originate from the Company.

 

9.4   We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

 

9.5   What to do if you think an invoice or payment receipt is wrong. If you think an invoice or payment receipt is wrong please contact us promptly to let us know. In the case of an invoice, we will not charge you interest until we have resolved the issue.

 

 

10. Your consumer rights of return and refund

 

10.1   Your right to change your mind. You have a legal right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 10.4 even if there is nothing wrong with the product.

 

10.2   This means that during the relevant period (see clause 10.4 below for this)  if you change your mind or decide for any other reason that you do not want to receive or keep a product, you can notify us of your decision to cancel the contract and receive a refund. Advice about your legal right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.

 

10.3   When the right to change your mind does not apply. However, this cancellation right does not apply in the case of:

10.3.1   any bespoke or made to order products;

10.3.2   products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

10.3.2   any products which become mixed inseparably with other items after their delivery.

 

10.4   How long do I have to change my mind? Your legal right to cancel the contract starts from the date when we send you the dispatch confirmation (see clause 3.1), which is when the contract between us is formed. Your deadline for changing your mind and cancelling the contract then depends on what you have ordered and how it is delivered, as set out below:

 

  • If there is a single delivery of one or more products, you have 14 days after the day you (or someone you nominate) receives the products.
  • If your order is split into several deliveries over different days you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
  • If your order is for regular delivery over a set period (for example one product delivered per week over two months) you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.

 

 

10.5   How to tell us you have changed your mind. To cancel a contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at sales@lightingforgardens.com or contact our Customer Services team by telephone on 01462 468777 or by post to Lighting for Gardens Ltd, 7-8 Amor Way, Letchworth Garden City, Hertfordshire SG6 1UG.  If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.

 

You can, but do not have to, use the template cancellation form set out below to inform us that you wish to cancel:

 

  

To: Lighting for Gardens Limited, 7-8 Amor Way, Letchworth Garden City, Hertfordshire SG6 1UG

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]

 

Ordered on [*]/received on [*],

 

Order number,

 

Name of consumer(s),

 

Address of consumer(s),

 

Signature of consumer(s) (only if this form is notified on paper),

 

Date

 

[*] Delete as appropriate

© Crown copyright 2013.

 

10.6   How we will refund you if you change your mind. If you cancel your contract within the applicable cancellation period we will:

 

10.6.1   refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling them in such a way that they are not returned unused, in original condition.

 

10.6.2   refund delivery costs to a maximum of the least expensive delivery method we offer (as we are permitted to do by law). For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

10.6.3   make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(a)   if you have received the product and we have not offered to collect it from you: 14 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 10.7;

(b)   if you have not received the product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the contract.

 

10.7   If you have already received a product and you change your mind, you must return it to us as follows:

 

10.7.1   You must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the contract. You can either send it back with proof of postage, return it to us at our premises or we can organise collection at your cost via our own carrier. If we have offered to collect the products from you, we will collect the products from the address to which they were delivered unless specified otherwise in writing. We will contact you to arrange a suitable time for collection.

 

10.7.2   Unless the product is faulty or not as described (in this case, see clause 10.8), you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we can assist and organise collection via our carrier, the cost of which will be advised to you prior to collection. This can be organised by contacting our customer care team on sales@lightingforgardens.com or via telephone on 01462 486777.

 

10.8   Your rights if the product is faulty or mis-described. If you wish to return the products to us because they are faulty or mis-described (e.g. it’s not what you ordered or the number of products is wrong) you must tell us within 30 days of receiving the product (see clause 10.5 for contact details) and we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

 

10.9   How we will make refunds. Any refund to you will be made to the credit card or debit card or Paypal account used by you to pay. If you used vouchers to pay for the product we may refund you in vouchers.

 

10.10   Summary of your legal rights where there is a problem with the product. Because you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these terms and conditions (including our warranty at clause 4). Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

 

 

11. Our responsibility for loss or damage suffered by you

 

11.1   If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

11.2   We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If you are a business customer, our Business Terms and Conditions of Supply will be deemed to apply to any sale of our products to you.

 

11.3   We do not in any way exclude or limit our liability to you for:

 

11.3.1   death or personal injury caused by our negligence;

 

11.3.2   fraud or fraudulent misrepresentation;

 

11.3.3   any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

 

11.3.4   any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

 

11.3.5   defective products under the Consumer Protection Act 1987.

 

 

12.   Our rights to end the contract

 

12.1   We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

 

12.1.1   you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

 

12.1.2   you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your delivery address;

 

12.1.3   you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

 

12.2   You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

 

13. Other important terms

 

13.1   We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will use our reasonable endeavours to ensure that the transfer will not affect your rights under the contract.

 

13.2   You need our consent to transfer your rights to someone else (except that you can always transfer our warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 3 to a person who has acquired the product. We may require the person to whom the warranty is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing a letter from you or a purchase receipt.

 

13.2   Nobody else has any rights under this contract (except someone you pass your warranty on to). This contract is between you and the company. No other person shall have any rights to enforce any of its terms.

 

13.3 Our use of your personal information. We will only use any personal information that you submit to us in accordance with our Security and Privacy Policy.

 

13.4 Your use of our website. You must only use our website, and any materials contained within it, in accordance with our Security and Privacy Policy.

 

13.5   If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

13.6   Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

13.7   Which laws apply to this contract and where you may bring legal proceedings. These terms and conditions (and our supply of any products to you) are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

 

              Version 1 (22/09/2017)