Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website http://www.lightfootled.com/ (our site) to you.

 

Online Orders

Please read these terms and conditions carefully before ordering any of our Products.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

 

You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions to indicate that you accept these terms and conditions. 

 

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site and we will be under no obligation to deliver any Products to you.

 

Telephone Orders

By making the payment as stipulated in the attached Order Form, you indicate that you accept these terms and conditions.

 

Face to Face Orders

If you have specific requirements and would like us to come and visit you, please ask us about it. By signing the Order Form, you indicate that you accept these terms and conditions.

 

By accepting our terms and conditions and ordering products from us, you warrant that you are authorised to enter into an agreement with us.

 

1.       INFORMATION ABOUT US

1.1     http://www.lightfootled.com/ is a site operated by Lightfoot LED Limited (we).  We are registered in England and Wales under company number 07471306 and with our registered office at 30 New Road, Brighton, East Sussex, BN1 1BN.  Our main trading address is Lightfoot LED Ltd, Unit 3 St. Josephs Business Park, St. Josephs Close, Hove, BN3 7HG, United Kingdom.

 

2.       SERVICE AVAILABILITY

We deliver our Products to anywhere in the UK, and we are able to deliver to most addresses in Europe and Ireland. Please ask us if your delivery address is outside the UK, and we will try and deliver our Products to you. For delivery costs please see clause 9 below.

 

3.       YOUR STATUS

By placing an order through our site, you warrant that:

(a)      You are legally capable of entering into binding contracts; and

(b)      You are at least 18 years old.

 

4.       HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1     After placing an order, either online, over the telephone or face to face, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer to us to buy a Product.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been despatched (the Despatch Confirmation).  The contract between us (Contract) will only be formed when we send you the Despatch Confirmation. 

 

4.2     The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation.  We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.

 

5.       OUR STATUS

5.1     Please note that in some cases, we accept orders as agents on behalf of third party sellers.  The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly.  You should carefully review their terms and conditions applying to the transaction.

 

5.2     We may also provide links on our site to the websites of other companies, whether affiliated with us or not.  We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.  This DISCLAIMER does not affect your statutory rights against the third party seller.  We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

 

6.       CONSUMER RIGHTS

6.1     If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.  In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). 

 

6.2     To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.  You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

 

6.3     You will not have any right to cancel a Contract for the supply of any Products:

(a)      that have been made to your specifications;

(b)      that have been personalised;

(c)      the price of which is dependent on fluctuations in the financial market which cannot be controlled by us; or

(d)      which we do not normally carry and we have to order specifically for you.

 

6.4     Details of this statutory right, and an explanation of how to exercise it, are provided in the Despatch Confirmation.  This provision does not affect your statutory rights.

 

7.       AVAILABILITY AND DELIVERY

Where we hold Products in stock we will despatch them as soon as practicable after receiving your order. Where we do not hold the Products in stock, it takes at least 30 days before the Products are shipped to us by our suppliers, and it may take longer. We will then send the Products to you as soon as practicable after receiving them. Any Products shipped by sea take longer than the 30 days stipulated above, but we will attempt to give you an estimated delivery time. Time shall not be of the essence in relation to any estimated delivery dates.

 

Once we despatch a Product to you, we will provide you with a tracking number. Where a Product is despatched to you directly by the supplier, it will be up to the supplier to provide you with a tracking number, and we cannot be responsible for this.

 

8.       RISK AND TITLE

8.1     The Products will be at your risk from the time of delivery.

8.2     Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

 

9.       PRICE AND PAYMENT

9.1     The price of any Products will be as quoted on our site from time to time, except in cases of obvious error. 

 

9.2     These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out below:

(a)      For most orders in the UK a 10% charge of the cost of the order will be charged, but there will be exceptions, such exceptions to be reasonably determined by us (including, but not limited to, hard-to access delivery addresses);

(b)      For large and/or bulky orders, orders outside the UK and orders shipped by sea we will be able to advise you of the delivery charge before you complete your order.

 

9.3     Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.

 

9.4     Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced.  We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you.  If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.

 

9.5     We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

 

9.6     Payment for all Products must be by credit or debit card.  We accept payment with all major credit cards (except American Express).  We will not charge your credit or debit card until we despatch your order.

 

9.7     All Products must be paid at the time when the order is being confirmed. If you wish to pay with credit, you must pass a credit check which we will conduct. All orders made on credit must be paid within 30 days after delivery of the Products. If you fail to pay by the agreed day, we may charge interest on any remaining sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of [HSBC] accruing on a daily basis and being compounded quarterly until payment is made. You shall indemnify us against all losses, costs and damages we incur due to your breach of this clause 9.

 

9.8     Time for payment shall be of the essence in relation to this agreement.

 

10.     OUR REFUNDS POLICY – CONSUMERS ONLY

10.1    When you return a Product to us:

(a)      because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.  However, you will be responsible for the cost of returning the item to us.

 

(b)      for any other reason (for instance, because have notified us in accordance with clause 21 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time.  We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 

 

10.2    We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

 

11.     WARRANTY CARDS AND DEFECTIVE PRODUCTS – BUSINESS CUSTOMERS ONLY

11.1    All our products have a 3-year warranty.

 

11.2    We will provide you with a warranty card in relation to every Product you purchase from us. Please complete this card and return it to us within 1 month of receipt of the Product(s).

 

11.3    If you have not returned a completed warranty card to us in relation to a specific Product, we will not be liable for any defects in relation to that Product.

 

12.     OUR LIABILITY

12.1    We warrant to you that any Product purchased from us (through our site or otherwise)  is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 

 

12.2    Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

 

12.3    This does not include or limit in any way our liability:

(a)      For death or personal injury caused by our negligence;

(b)      Under section 2(3) of the Consumer Protection Act 1987;

(c)      For fraud or fraudulent misrepresentation; or

(d)      For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

 

12.4    We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:

(a)      loss of income or revenue

(b)      loss of business

(c)      loss of profits or contracts

(d)      loss of anticipated savings

(e)      loss of data; or

(g)      waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 12.4.

 

12.5    Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.

 

13.     IMPORT DUTY

13.1    If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.  You will be responsible for payment of any such import duties and taxes.  Please note that we have no control over these charges and cannot predict their amount.  Please contact your local customs office for further information before placing your order.

 

13.2    Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.  We will not be liable for any breach by you of any such laws.

 

14.     WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

 

15.     NOTICES

All notices given by you to us must be given to Lightfoot LED Limited at help@lightfootledlimited.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

 

16.     TRANSFER OF RIGHTS AND OBLIGATIONS

16.1    The contract between you and us is binding on you and us and on our respective successors and assigns. 

 

16.2    You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

 

16.3    We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

 

17.     EVENTS OUTSIDE OUR CONTROL

17.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 

 

17.2    A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

 

(a)      Strikes, lock-outs or other industrial action.

(b)      Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c)      Fire, explosion, storm, flood, snow earthquake, subsidence, epidemic or other natural disaster.

(d)      Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e)      Impossibility of the use of public or private telecommunications networks.

(f)      The acts, decrees, legislation, regulations or restrictions of any government.

 

17.3    Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

18.     WAIVER

18.1    If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

18.2    A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

18.3    No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.

 

19.     SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

20.     ENTIRE AGREEMENT

20.1    These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

 

20.2    We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.

 

20.3    Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

 

20.4    Any changes to these terms and conditions and any Contract must be agreed by us in writing.

 

21.     OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

21.1    We have the right to revise and amend these terms and conditions from time to time. 

 

21.2    You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

 

22.     LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.