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STANDARD TERMS AND CONDITIONS
FOR SALE OF GOODS
OF
Chantelle Lighting Group Limited
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 "Seller" means Chantelle Lighting Group Limited of Unit 36 Lomeshaye Business Village Nelson Lancashire BB9 7DR;
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered usually within 4 weeks (see individual product description for details) of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5 WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 Returning Goods Under Warranty
1. If the goods supplied to you are damaged on delivery, you should notify Chantelle Lighting Group Limited within 48 hours. Initially you will be responsible for returning the goods to Chantelle Lighting Group Limited at your own cost; your return will be inspected upon delivery to Chantelle Lighting Group Limited and providing the goods have been returned as required you may be issued with a refund for the carriage costs incurred. You must take reasonable care to ensure the goods are not damaged further in the meantime or during transit.
2. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify Chantelle Lighting Group Limited as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. Initially you will be responsible for returning the goods to Chantelle Lighting Group Limited at your own cost, your return will be inspected upon delivery to Chantelle Lighting Group Limited and providing the goods have been returned as required you will be issued with a refund for the carriage costs incurred (Within reasonable limits). You must take reasonable care to ensure the goods are not damaged further in the meantime or during transit.
3. All goods returned under warranty will undergo full inspection and testing before replacements are issued or any repairs carried out. This may involve the product/s being returned to the manufacturer/s for testing at their test facilities. In either instance your case will be completed as quickly and efficiently as possible. Any goods returned for a warranty claim that are found to not be faulty or the subject of misuse (This includes incorrect installation) will be returned to the customer at their cost.
4. Unless otherwise stated bulbs (lamps) are not covered by warranty and will not be replaced free of charge regardless of whether the bulbs where purchased or supplied as part of a light fitting. Customers are advised that standard light switches, poor quality dimmer switches, power surges and spikes in the electricity supply are the most likely causes of early bulb (lamp) failure. Bulbs that are dead on arrival may be replaced at our discretion providing we receive written notification within 48 hours of delivery.
6.2 Returning Unwanted Goods
1. You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods, providing the goods have not been fitted, assembled or modified in any way and providing they are returned with the original packaging and providing the goods are in a re-saleable condition. This does not apply to goods that have been manufactured specifically for you, for example Bespoke Lampshades can not be returned for credit.
2. To exercise your right of cancellation, you must notify Chantelle Lighting Group in writing by post or email to superstore@chantellelighting.co.uk requesting a cancellation, Notification by telephone is not sufficient.
3. If you exercise your right of cancellation after the goods have been dispatched, you will be responsible for returning the goods to Chantelle Lighting Group Limited at your own cost. The goods must be returned to the address shown on the contact us page. You must take reasonable care to ensure the goods are not damaged in the meantime or during transit.
4. 0nce you have notified Chantelle Lighting Group Limited that you are cancelling the contract, Chantelle Lighting Group Limited will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
5. If you do not return the goods as required, Chantelle Lighting Group Limited may charge you a sum not exceeding the direct costs of recovering the goods.
6. If you are given authorisation to return goods to Chantelle Lighting Group Limited then you are to ensure the goods arrive back within 14 days.
7 GUARANTEES
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 INSTALLATION/FITTING
1. You must ensure that any installation / fitting of non portable lighting purchased from Chantelle Lighting Group Limited must be carried out by a qualified electrician.
2. From 1st January 2005 any installation / fitting of non portable lighting may be subject to Part P of the current building regulations, for more information please contact your local building regulations office.
3. Failure to have none portable lighting installed / fitted by a qualified electrician may invalidate your warranty and may be in breach of the current building regulations.
4. Your electrician may require one of the following qualifications; BRE Certification Limited, British Standards Institute, ELECSA Limited, NICEIC Certification Services Ltd, N.A.P.I.T.
12 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
FOR SALE OF GOODS
OF
Chantelle Lighting Group Limited
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 "Seller" means Chantelle Lighting Group Limited of Unit 36 Lomeshaye Business Village Nelson Lancashire BB9 7DR;
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Seller.
2.5 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
3 PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller's current List Price/on the Seller's website/as contained in the Seller's Quotation (as applicable) at the date of order or as agreed between the parties. The price is inclusive of VAT and exclusive of any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
4 DELIVERY
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for collection at the Seller's premises or for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered usually within 4 weeks (see individual product description for details) of the order being placed and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
5 WARRANTY
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
6 CANCELLATION AND RETURNS
6.1 Returning Goods Under Warranty
1. If the goods supplied to you are damaged on delivery, you should notify Chantelle Lighting Group Limited within 48 hours. Initially you will be responsible for returning the goods to Chantelle Lighting Group Limited at your own cost; your return will be inspected upon delivery to Chantelle Lighting Group Limited and providing the goods have been returned as required you may be issued with a refund for the carriage costs incurred. You must take reasonable care to ensure the goods are not damaged further in the meantime or during transit.
2. If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify Chantelle Lighting Group Limited as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint. Initially you will be responsible for returning the goods to Chantelle Lighting Group Limited at your own cost, your return will be inspected upon delivery to Chantelle Lighting Group Limited and providing the goods have been returned as required you will be issued with a refund for the carriage costs incurred (Within reasonable limits). You must take reasonable care to ensure the goods are not damaged further in the meantime or during transit.
3. All goods returned under warranty will undergo full inspection and testing before replacements are issued or any repairs carried out. This may involve the product/s being returned to the manufacturer/s for testing at their test facilities. In either instance your case will be completed as quickly and efficiently as possible. Any goods returned for a warranty claim that are found to not be faulty or the subject of misuse (This includes incorrect installation) will be returned to the customer at their cost.
4. Unless otherwise stated bulbs (lamps) are not covered by warranty and will not be replaced free of charge regardless of whether the bulbs where purchased or supplied as part of a light fitting. Customers are advised that standard light switches, poor quality dimmer switches, power surges and spikes in the electricity supply are the most likely causes of early bulb (lamp) failure. Bulbs that are dead on arrival may be replaced at our discretion providing we receive written notification within 48 hours of delivery.
6.2 Returning Unwanted Goods
1. You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods, providing the goods have not been fitted, assembled or modified in any way and providing they are returned with the original packaging and providing the goods are in a re-saleable condition. This does not apply to goods that have been manufactured specifically for you, for example Bespoke Lampshades can not be returned for credit.
2. To exercise your right of cancellation, you must notify Chantelle Lighting Group in writing by post or email to superstore@chantellelighting.co.uk requesting a cancellation, Notification by telephone is not sufficient.
3. If you exercise your right of cancellation after the goods have been dispatched, you will be responsible for returning the goods to Chantelle Lighting Group Limited at your own cost. The goods must be returned to the address shown on the contact us page. You must take reasonable care to ensure the goods are not damaged in the meantime or during transit.
4. 0nce you have notified Chantelle Lighting Group Limited that you are cancelling the contract, Chantelle Lighting Group Limited will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods.
5. If you do not return the goods as required, Chantelle Lighting Group Limited may charge you a sum not exceeding the direct costs of recovering the goods.
6. If you are given authorisation to return goods to Chantelle Lighting Group Limited then you are to ensure the goods arrive back within 14 days.
7 GUARANTEES
In addition to the Buyer's statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a period of 12 months from the date of delivery.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
8.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
10 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
11 INSTALLATION/FITTING
1. You must ensure that any installation / fitting of non portable lighting purchased from Chantelle Lighting Group Limited must be carried out by a qualified electrician.
2. From 1st January 2005 any installation / fitting of non portable lighting may be subject to Part P of the current building regulations, for more information please contact your local building regulations office.
3. Failure to have none portable lighting installed / fitted by a qualified electrician may invalidate your warranty and may be in breach of the current building regulations.
4. Your electrician may require one of the following qualifications; BRE Certification Limited, British Standards Institute, ELECSA Limited, NICEIC Certification Services Ltd, N.A.P.I.T.
12 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
