These conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by them. If you do not agree to be bound by these conditions you may not use or access this Website.
In this contract “The Company” means Downlighting.net and “The Purchaser” means the individual person or company contracting with the Company. These terms and conditions are incorporated into each agreement entered into between the Company and the Purchaser whether or not any other document makes reference to these terms.
Only these conditions together with any written amendments and/or alterations authorised by the Company shall apply to the contract for the sale of goods specified on our invoice. In particular no statement in any quotation shall form part of the contract unless specifically included. Any purchase conditions of the Purchaser only become binding when the Company expressly confirms the same.
Orders will be charged at prices current at time of delivery. All prices for UK and EU orders are subject to Value Added Tax and any other government duty or tax applicable. All prices stated are ex-factory and the Purchaser shall be charged extra with any packaging and delivery costs.
Product Descriptions and Illustrations
Each Product purchased is sold subject to its Product Description. Whilst we will take all reasonable care to ensure that all details and prices of Products appearing on the Website are up to date, any such details and descriptions given on the website or in any of the Company’s catalogues and statements (written or oral) by any representative of the Company are provided to give the Purchaser an approximate picture or description of the article concerned and do not form the basis of any contractual liability. No warranty or condition that the article shall accord with such an illustration, description or statement is to be implied and any warranty or condition capable of arising is excluded.
The risk in goods supplied shall pass to the Purchaser upon collection or despatch from the Company’s premises. Where the Purchaser refuses to accept delivery, goods shall nevertheless thereafter be at the Purchaser’s risk.
Payment and Credit Facilities
Where no credit account exists, payment must be sent with order. Credit accounts may only be opened at the Company’s discretion and subject to satisfactory references being given. The Company may make a search with a credit reference agency or other source on the Purchaser and/or its principal directors and maintain a copy of such search on file. The Company shall retain the right to refuse credit facilities without having to divulge a reason.
Credit accounts shall be settled within 30 days from the date of invoice. Non-payment on or before the due date shall entitle the Company without prejudice to any other rights to:
i) Suspend any further delivery of goods whether under this contract or any other.
ii) Repossess the goods (the Purchaser granting the Company all necessary access) and
iii) Receive interest at the rate of 4% above (HSBC Bank ) base rate for the time being on the unpaid balance, whether before or after any judgement.
The Purchaser shall not be entitled to delay payment of the price or any part thereof on the grounds that it has a claim or set-off against the Company.
Delivery, Shortages, Damage and Non-Delivery
The Company’s Delivery and Returns Policy applies
The title in all goods supplied by the Company shall remain in the Company until the Purchaser makes full payment for those goods. In case of instalment deliveries, no title in any goods supplied pursuant to that order should pass until payment has been made in full for that order.
The Purchaser shall be free to sell any goods in the ordinary course of its business so as to pass good title to any third party, provided always that claims for proceeds from such resale shall be deemed to be assigned to the Company. Proceeds from such re-sales received by the Purchaser shall be held by it on trust for the Company to the extent necessary to effect full payment to the Company and the Purchaser shall if required by the Company immediately upon such resale notify the Company with full details of such resale. Furthermore, the Company shall be entitled to notify the ultimate Purchaser that such resale price is to be paid direct to the Company.
Until the full purchase price has been paid, goods remaining in the Purchaser’s possession shall be held by the Purchaser as bailee and in a fiduciary capacity for the Company which shall be entitled to terminate such bailment and the Purchaser hereby grants the Company the irrevocable licence to enter upon the Purchaser’s premises to recover the whole or part of the goods, which in the meantime shall be stored in such a way as to clearly identify them as being the Company’s property.
The Purchaser has responsibility to satisfy itself that the goods are suitable in all respects for the Purchaser’s purpose and the Purchaser shall inform the Company in writing of any special circumstances or conditions affecting or liable to affect the use or performance of the goods. The Company shall be entitled to deliver and charge for goods supplied within the usual production tolerances.
Refusal of Transaction
We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
You warrant that the information required when registering as a customer is true, accurate, current and complete in all respects, that you will notify us immediately of any changes to the Personal Information and that you will not impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm
Except where the contract otherwise requires, these conditions shall apply to export contracts and prices quoted shall be ex-factory and all payments shall be made in sterling as directed by the Company.
All notices relating to goods supplied under these Conditions shall be in writing and may be delivered by hand or sent by pre-paid registered mail or by telex or facsimile to the addressee at its address shown in the Contract or its last known business address as subsequently notified to the sender.
This contract shall in all respects be construed and will operate as an English contract in conformity with English Law and the parties thereto submit to the jurisdiction of the English Courts in respect of any dispute or matter arising out of or connected with these terms and conditions. The interpretation of the English edition shall prevail over any translation.
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