Terms And Conditions
1. These terms
1.1 What These terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content.
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. If you think that there is a mistake in These terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under These terms depending on whether you are a business or consumer. You are a consumer if:
You are an individual.
You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in These terms and that you will have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are.
We are Aberdeen Development Consultants C.I.C T/A SmartHome & Business Services (“SmartHome & Business Services”),
Address: SmartHome & Business Services C/O, Flat A, 38 Powis Place, Aberdeen, AB25 3TX
Telephone: 01224 69 62 63
Email: info@smarthome-services.co.uk
Aberdeen Development Consultants C.I.C T/A SmartHome & Business Services is a company registered in Scotland. Our company registration number is SC402698 and current Pre-C.I.C. registered office address is at 89 Rona Place, Aberdeen, Scotland, AB16 6EH. Our new post C.I.C. –
Community Interest Company / Not-For-Profit Company registration mailing address will be : SmartHome & Business Services C/O, Flat A, 38 Powis Place, Aberdeen, AB25 3TX
2.2 How to contact us. You can contact us by telephoning our Customer Support Team on 01224 69 62 63, or filling in a query form on our website, or by writing to us via email at info@smarthome-services.co.uk or the address at clause 2.1 above.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided 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. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, confirm acceptance during an online ordering process, or tell you over the telephone or at your premises that it has been accepted, at which point a contract will come into existence between you and us.
3.1 Ordering online. Where you place an order online, you will have the opportunity to check and correct any errors up until the point you place your order by clicking the ‘Pay with Card’ button on the checkout page. Thereafter you have the right to cancel or end the contract as set out at clause 8 below.
3.2 If we cannot accept your order. If we are unable to accept your order, or part of your order, we will inform you of this and will either not charge you for the product or refund you in full for the price of the product as soon as reasonably possible, and in any event within 14 days. We may not be able to accept your order because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, 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.
3.3 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 tell us the order number whenever you contact us about your order.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website or in our brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or a picture in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product description. We have taken every care in the preparation of the content of our website and brochures to ensure that all goods have been described accurately. Any weights, dimensions and capacities given about the goods are approximate only, however, we will not process orders where there are any material errors in the description of the goods
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
4.4 Making sure your measurements are accurate. If we are making the product to measurements, you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
4.5 Our products are made for self-install. Our Products are sold on the basis that they can be self-installed. If you choose, or where you are a business your customer chooses, to employ a contractor to install the Products we will not be responsible for any installation charges, nor for the cost of un-installing a Product should it be faulty. More information in our Installation Terms & Conditions.
4.6 Manufacturer’s warranties & guarantees. Some of our goods are sold with a manufacturer’s warranty, guarantee or similar assurance (please refer to the relevant product description on our website for further details). In all cases, any complaint, query or claim under a manufacturer’s warranty should be made direct to our Customer Support Team on 0121 250 3625 or by email at info@lightwaverf.com. If you are a consumer, any manufacturer’s warranty, guarantee or similar assurance will apply in addition to your other legal rights.
4.7 Limited Warranty. This warranty for relevant Lightwave “Devices” is provided by the entity set forth below. The provider of this warranty is sometimes referred to herein as “We”. When you purchase a new or Certified Refurbished Device, we warrant the Device against defects in materials and workmanship under ordinary consumer use for two years from the date of original retail purchase. During this warranty period, if a defect arises in the device, and you follow the instructions for returning the device, we will, at our option, to the extent permitted by law, either (I) repair the device using either new or refurbished parts, (II) replace the device with a new or refurbished device that is equivalent to the device that is to be replaced, or (III) refund to you all or part of the purchase price of the device. This limited warranty, to the extent permitted by law, to any repair, replacement parts or replacement device for the remainder of the original warranty period or for 90 days, whichever period is longer. All replaced parts and devices for which a refund is given shall become our property. This limited warranty applies only to hardware components of the device that are not subject to accident, misuse, neglect, fire or damage from other external causes, alteration, repair or commercial use.
5. Your rights to make changes
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.2 More significant changes to the products. If we make significant changes to a product you have ordered before it is delivered, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
6.3 Changes to These terms. We may make changes to These terms from time to time and once we publish the updated terms on our website, the changes will apply to your next order of products. It is your responsibility to check These terms and conditions whenever you place an order.
6.4 Updates to digital content. We may update or require you to update digital content, provided that the digital content will materially match the description of it that we provided to you before you bought or downloaded it.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as set out on the Delivery & Returns page of our website or quoted to you by our Customer Support Team.
7.2 Delivery or collection of products. During the order process we will let you know when we will provide the products to you. Where the products are goods, a valid signature may be required on collection or delivery.
(a) Collection by you of goods. If we have agreed that you can collect the goods from our premises, you may collect them in person during normal opening hours.
(b) Delivery of goods. We will deliver the goods to the address you specify for delivery in your order. It is important that the address you provide is accurate and we do not accept liability for any loss or damage to the goods delivered in accordance with your instructions (unless caused by our negligence). We will aim to deliver the goods by the date quoted for delivery, but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 14 days from the day after the day we received your order, unless agreed otherwise. If delivery is delayed beyond this time, we will contact you and either agree a mutually acceptable alternative date or offer you a full refund.
(b) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
7.3 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.
7.4 Errors in delivery. In the unlikely event that you do not receive all of the products you have ordered, you must notify us immediately. We recommend that you do not schedule or commence any installation work until after you have received your order and checked all the goods for any defects or missing parts.
7.5 If you are not able to take delivery. If no one is available at your address to take delivery and the products cannot be posted through your letterbox or we require a valid signature, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If delivery has failed due to steps within your reasonable control, we reserve the right to charge you for any re-delivery.
7.6 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 we may cancel your order and refund to you the price paid for the goods, less the failed delivery cost.
7.7 When you become responsible for the goods. A product which is goods will be at your risk and responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect the goods from us.
7.8 When you own goods. You own a product which is goods once we have received payment in full.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.
7.11 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 14.4) and you still do not make payment within [30] days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 14.6).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.7.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or These terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [60 days]; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online, you have a legal right to change your mind within 14 days and receive a refund.
These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in These terms.
8.4 Our 30 day ‘No Quibble’ Money Back Guarantee for consumers. These terms reflect the goodwill guarantee offered by Lightwaverf Technology Ltd of The Assay Office , 1 Moreton street, Birmingham, B1 3AX to its UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out in the table below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 12.1).
This goodwill guarantee (refund or exchange) is offered against goods that are returned to us within 30 days of delivery in a resalable condition and are accompanied by a valid Returns Reference Number (as supplied to you by our Customer Support Team helpline). Any paid delivery charged at our standard delivery rate will be refunded to you if you return all of your order. If you cancel part of your order, we will not refund the delivery charges. If you expressly opted for a type of delivery other than the least expensive standard delivery offered (e.g. expedited/courier delivery), we are not required by law to reimburse you for the supplementary costs over and above the cost of standard delivery.
Your rights to cancel in summary:
Right under the Consumer Contracts Regulations 2013
How our 30 day ‘No Quibble’ Money Back Guarantee is more generous
14-day period to change your mind.
30-day period to change your mind.
You pay postage
You pay postage unless agreed otherwise by prior arrangement
8.5 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
(c) any products which become mixed inseparably with other items after their delivery.
(d) Bespoke Goods are available from Us. If you Order bespoke Goods from Us, We will produce AND/OR alter those Goods to your specifications and requirements. Further information on the information we will require with your Order for bespoke Goods can be found www.lightwaverf.com.
(e) When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).
8.6 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought digital content for download or streaming? if so, you have [30] days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(b)Have you bought goods? If so, you have [30] days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until [30] days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until [30] days after the day you (or someone you nominate) receives the first delivery of the goods.
8.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund as reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call our Customer Support Team on 0121 250 3625 or email us at info@lightwaverf.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Print and Complete the cancellation form that can be found on our website.
By post. Print off the cancellation form on our website and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Returning products on cancellation. If you exercise your right to cancel or end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us in any original packaging. You must take reasonable care of the goods while in your possession and they must be returned to us in their entirety. You must either return the goods in person to where you bought them, post them back to us at Lightwave return centre,
Lightwave Returns
Birmingham Assay Office
1 Moreton Street
Birmingham
B1 3AX
9.2 or (if they are not suitable for posting) allow us to collect them from you. Please call our Customer Support Team on 0121 250 3625 or email us at info@lightwaverf.com for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us, you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty and confirmed by Lightwave returns; or
(b) if you have a legal right to do so as a result of something, we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. If you are entitled to a refund under These terms, we will refund you the price you paid for the products, including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below. We will pay any refund to the same means of payment as you used to pay for your order due within 14 days after the day:
(a) you notified us to cancel your order, where you have not received the goods; or,
(b) we receive the goods you returned to us, where you are in receipt of the goods; or
(c) you provide us with proof of return for the goods, where you have returned the goods, but we have not yet received them.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 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.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from 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 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. Our rights to end the contract
10.1 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:
(a) you do not make any payment to us when it is due, and you still do not make payment within [30] days of us reminding you that payment is due;
(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(c) if you are unable to pay your debts when they fall due, or proceedings are/or are reasonable likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets.
Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we will be under no further obligation to supply goods to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our Customer Support Team at 0121 250 3625 or write to us at info@lightwaverf.com or by post at Birmingham Assay Office, 1 Moreton Street, Birmingham, England, B1 3AX.
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in These terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is digital content, for example a mobile phone app, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: a) If your digital content is faulty, you’re entitled to a repair or a replacement.
(a) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
(b)If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation See also clause 8.3.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call our Customer Support Team on 0121 250 3625 or email us at info@lightwaverf.com for a return label or to arrange collection.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer, we warrant that on delivery and, in the case that a manufacturer’s warranty applies, for the period of such warranty from the date of delivery (warranty period) any products which goods are will:
(a) conform in all material respects with their description and any relevant specification;
(b)be free from material defects in design, material and workmanship;
(c)be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d)be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you are a business that uses our products for internal business use, and you give us notice in writing within 30 days of delivery or, if the product has warranty period, during the warranty period within a reasonable time of discovery, that a product does not comply with the warranty set out in clause 13.1;
(b) you are a business who re-sells our products to your customers and you give us notice in writing within 30 days of onward delivery to your customer or, if the product has warranty period, during the warranty period within a reasonable time of discovery, that a product does not comply with the warranty set out in clause 13.1;
(c) we are given a reasonable opportunity of examining such product; and
(d) you return such product to us at our cost, and we will, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
(a) you or your customer make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you or your customer failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you or your customer alters or repairs the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we will have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 Our products are made to be self-installed and we will not be responsible for any costs incurred by you or a customer of yours in installing or un-installing a product.
13.6 These terms will apply to any repaired or replacement products supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out on our webpages or told to you over the telephone or in email exchanges. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we cannot contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 Changes to the product prices. We may update the product prices on our website at any time and the updated prices will supersede any previously published prices.
14.5 When you must pay and how you must pay. We accept payment with most major credit and debit cards and if you are paying online, we accept PayPal. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, most of our digital content is free but where it is not, you must pay for the products before you download them.
14.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under These terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.7 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 [2] % a year above the base lending rate of [Barclays Bank Plc] from time to time. This interest will 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.
14.8 Your responsibility for your financial details. You must not communicate your payment card details to anyone, including us, in writing or by any electronic means of communications, such as an email. Subject to clause 15.2, we are not responsible for any losses you may incur as a result of transmitting information to us by internet link or by email.
14.9 Promotional prices. From time to time, we advertise products at promotional prices. Where a promotion code is given, you must quote the code during the ordering process otherwise you will be charged the product’s full price.
14.10 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. 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.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
15.3 When we are liable for damage caused by defective digital content. We are not liable for minor errors or inaccuracies in the digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.4 We are not liable for business losses. If you are a consumer, we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in These terms will limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
16.3 Subject to clause 16.1:
(a) we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss, including but not limited to:
(i) loss of data;
(ii) loss of profits;
(iii) loss of revenues;
(iv) loss of anticipated savings;
(v) or business interruption, arising under or in connection with any contract between us;
(b) where we provide digital content at no cost to you, we have no liability for minor errors or inaccuracies and our total liability to you for all losses arising under or in connection with the digital content, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £50; and
(c) our total liability to you for all other losses arising under or in connection with the contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the price of the product.
17. How we may use your personal information
17.1 How we will use your personal information. We will only use your personal information as set out in our https://www.lightwaverf.com/privacy-policy.
18. Disposal of electrical and electronic equipment
18.1 The WEEE Regulations (January 2007) relate to reducing the amount of waste on certain electrical and electronic equipment by separating from household waste, collected separately and ultimately disposing of, in a sound environmental manner (recycled and recovered), Electrical and Electronic Equipment. For the correct disposal of household waste, please take it to your nearest Designated Collection Facility (DCF). For battery disposal please visit www.recyclenow.co.uk
19. Other important terms
19.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under These terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.
19.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under These terms to another person if we agree to this in writing. However, if you are a consumer you may transfer our guarantee at clause 8.4 to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
19.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person will have any rights to enforce any of its terms, except as explained in clause 19.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to These terms.
19.4 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.
19.5 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.
19.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms 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.
19.7 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR via their website at www.cedr.com/consumer. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
19.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including noncontractual disputes or claims) will be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.
Schedule 1 Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To Lightwaverf Technology Ltd,
Address: Birmingham Assay Office, 1 Moreton Street, Birmingham, England, B1 3AX
Telephone: 0121 250 3625
Email: info@lightwaverf.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
Should you have any further questions, please do not hesitate to contact us on 0121 250 3625, or alternatively, email your enquiry to info@lightwaverf.com
