The term 'T.&C.' shall refer entirely to the following Terms & Conditions of business. Your use of this web site indicates that you accept these T.&C. and any other operating rules or policies that may be promulgated by Solar Illuminations from time to time as published. "This site" refers to the site having the URL www.solarilluminations.co.uk. By accessing, browsing, and or using this site, you acknowledge that you have read, understood, and agree to be bound by this T.&C.. If you do not agree to these T.&C., do not use or shop at this site.
(B) SITE CONTENT
Unless otherwise noted, all materials, including, but not limited to, photographs, caricatures, illustrations, designs, icons, articles, text, audio clips, and video clips (collectively, the "Content") on this site are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Solar Illuminations. The site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Solar Illuminations or its suppliers. The Content and software on this site may be used only for conducting business between you and Solar Illuminations on this site. Any other use, including the reproduction, modification, creating derivative works, distribution, transmission, display, or performance, of the content on this site is strictly prohibited. Solar Illuminations and other graphics, logos, service marks, and trade names used on this site by Solar Illuminations are UK registered trademarks of Solar Illuminations or its suppliers and may not be used without permission in connection with any third-party products or services or in any manner not permitted in Solar Illuminations trademark use policy, which may be promulgated from time to time. All other trademarks, service marks, and trade names (including third party product names) used on this site are the rightful property of their respective owners.
(C) USER SUBMISSIONS
Solar Illuminations reserves the right to edit and post the questions or comments you submit to Solar Illuminations along with their answers without revealing your full name, e-mail address, or phone number. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. All communications, comments, photographs, feedback, suggestions, ideas, and other submissions submitted to Solar Illuminations (collectively, "Submissions") shall be and remain Solar Illuminations property with all worldwide rights, titles and interests in all copyrights and other intellectual property in the submission assigned Solar Illuminations. Any Submissions or photographs sent to Solar Illuminations, including (but not limited to) photos received for warranty registration, may be used or displayed in Solar Illuminations marketing, advertizing or on Solar Illumination web sites.
(D) INFORMATION, SUGGESTIONS, ADVICE
Users who seek, consume, or otherwise use advice from experts, articles or other text, communications with Solar Illuminations employees, or communications with other users do so of their own volition and at their own risk. Solar Illuminations will have no obligations with respect to the information, suggestions or advice offered by any party. Installation and/or removal and/or use of any product sold by Solar Illuminations is at the risk of the installer and/or customer and/or user.
(E) DOING BUSINESS WITH SOLAR ILLUMINATIONS AND OTHERS AT THIS SITE
Except where otherwise indicated. if this site offers you the opportunity to purchase goods or services, you are doing business with Solar Illuminations which is a North American company situated in, and operating from the USA. Thereby viewing, using or shopping at this web site, the user consents to the exclusive jurisdiction and venue of any State or Federal court in Lee County, Florida, USA and to the exclusive laws of Florida, USA. The user, or customer hereby agrees that the transaction shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the laws regarding conflicts of law. In the unlikely event of any litigation regarding our Terms & Conditions, Policies, any product or any transaction (between the customer and Solar Illuminations), shall be bought in the State or Federal courts located in Lee County, Florida, USA and the customer hereby agrees and submits to such jurisdiction and venue as proper.
(F) LINKS TO OTHER WEB SITES
Links on this site to other web sites operated by third parties are provided solely as a convenience to you. If you use these links, you will leave this site. Solar Illuminations has not reviewed the third party sites and is not responsible for any of those sites or their content. Thus, Solar Illuminations does not endorse or make any representations about them, or any information, software, products, or other materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.
(G) USER COMMUNICATIONS
Solar Illuminations may, but is not obligated to, monitor or review any areas on this site where users transmit or post communications to or through this site or communicate with other users of this site (including but not limited to chat rooms, bulletin boards, user forums) and the content of any such communications. Solar Illuminations, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. You are solely responsible for all Content that you post, email or otherwise transmit via this site. Solar Illuminations does not control the Content posted, emailed or otherwise transmitted via this site and, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this site, you may be exposed to Content that is offensive, indecent or other violation of individuals' or proprietary rights. Under no circumstances will Solar Illuminations be liable for any Content posted, emailed or otherwise transmitted via this site. Solar Illuminations may, at its sole discretion, take any action as Solar Illuminations in its sole discretion deems necessary if Solar Illuminations believes it may create liability for Solar Illuminations, its suppliers, or its partners, including, but not limited to removing any user Content, immediate termination of service, if a user's conduct fails to confirm with the letter or spirit of these terms and conditions.
You agree to indemnify and hold Solar Illuminations, and its subsidiaries, affiliates, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of this site, any Submission you post, email or transmit to or through this site, your violation of the T.&C., or your violation of any third party rights.
(I) DISCLAIMER OF WARRANTIES
This site is provided by solar illuminations on an "as is" basis. Solar illuminations makes no representations or warranties of any kind, express or implied, as to the operation of this site, its contents, or any information made available on this site. Except as expressly stated otherwise, solar illuminations makes no representations or warranties of any kind, express or implied, as to materials, products or services offered on this site. Solar illuminations disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, title, fitness for a particular purpose and non-infringement with respect to all of the foregoing. Furthermore, solar illuminations does not warrant the accuracy or completeness of the information at this site. Solar illuminations may make changes to the information at this site, including to the products and prices described at this site, at any time without prior notice to users of this site. Information at this site that is periodically updated may not be current at the moment you visit this site and may contain errors. Solar illuminations does not warrant that any use of this site will be uninterrupted, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
(J) LIMITATION OF LIABILITY
in no event will solar illuminations, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever including but not limited to direct, indirect, incidental punitive and consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, the materials or information contained at any or all such sites, or the materials, products or services offered on this site or sites linked to this site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In no event will solar illuminations or any other party involved in creating, producing, or delivering this site be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon information provided through this site. The aggregate liability of solar illuminations, or any of its suppliers or other third party vendors, arising from or relating to this agreement (regardless of the form of action or claim, e.g. contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to the purchase price of any products you purchased in the relevant transaction. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Solar Illuminations reserves the right to restrict access to this site to any user, and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to this site by any person, including persons who previously had access.
Every effort is made to ensure that the information given, at this site, is accurate, but no legal responsibility is accepted for any errors and omissions, including, but not limited to, typing errors. Any sizes, dimensions, operating hours and light output levels given, at this site, are approximate. A product, given a typical 'application' or 'use', at this site, may be as an example only. Manufacturers regularly update their products and make minor modifications, therefore specifications may change, without notice. All product codes and product names shown, are the product codes and product names that Solar Illuminations uses to identify and/or advertise a product and do not necessarily represent a product code or product name that the manufacturer of the product may use or label as. Solar Illuminations does not typically, use manufacturer's codes or manufacturer's product names.
These T.&C. shall be governed by and construed in accordance with the laws of the state of Florida as it is applied to contracts entered into by placing an order with Solar Illuminations regardless of your residing country. If any provision(s) of these T.&C. are found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Solar Illuminations failure to exercise or enforce any right or provision of these T.&C. shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Solar Illuminations in writing. You and Solar Illuminations agree that any cause of action arising out of or related to these T.&C. or this site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these T.&C. are solely used for the convenience of the parties and have no legal or contractual significance. For the purpose of internet law jurisdiction, outside of the State of Florida, USA, Solar Illuminations does not: conduct 'paid' advertising through non-internet media; have any sales representatives or agents; specifically market any of its products to any sole country or state; utilize the services of any manufacturer or supplier; use any computer server other than the service provided by Fasthosts Internet Ltd., in London. Solar Illuminations does not have any physical business address in the United Kingdom, Republic of Ireland or in the EU. The Sale of Goods Act 1979 (as amended), Consumer Protection (Distance Selling) Regulations 2000, Consumer Protection Act 1987 and any other similar UK or Eire Regulations or Acts are therefore not applicable. While Solar Illuminations supports the idea of the Waste Electrical and Electronic Equipment (W.E.E.E.) regulations, as we are based outside the E.U. it is not safely practical, or possible for any waste material and/or batteries to be returned to us. On this basis we do not need to and are unable to comply with this regulation. Instead we recommend the end-user to sensibly dispose or recycle any product or battery using an appropriate, approved, local facility within the UK or Eire. Solar Illuminations is a USA based business (operating under US law, not UK or European law) and has the legal right and freedom to advertise on any internet web site, anywhere in the world (where laws permit), including our use of a '.co.uk' domain name. By doing so, in no way does this imply that Solar Illuminations is a UK or European based business or have any physical office, warehouse or facility of any kind, in the UK or Europe.
(N) RETURNS POLICY
Within 60 days (from date of purchase), a PRODUCT may be returned for exchange (or for refund where permitted) subject to the PRODUCT being in its new and unused condition. Exceptions to this are PRODUCTS defined as a 'special order'. It must be 100% complete with all parts, instructions and undamaged packaging, exactly as originally supplied, and so that it is fit for resale. Sorry but we are unable to refund or exchange 'used' or 'installed' PRODUCTS. All returns must be pre-authorised (please call us for an RMA number and return instructions). The return must be received within 14 days of being authorised and we recommend that appropriate shipping insurance is obtained because we are not responsible for any loss or damage of a PRODUCT being returned. Except for warranty claims, failure to request a return after 60 days (from date of purchase) will be deemed to be permanent acceptance of the PRODUCT. Do not attempt to return a PRODUCT without a valid RMA number clearly displayed on the shipping carton as it will not be accepted and will result in being returned to the sender at the sender's expense. All returns must be shipped in a separate, appropriate shipping carton with suitable packing materials to avoid damage.
Shipping costs are not refundable and Solar Illuminations does not arrange or pay for shipping of any PRODUCT being returned unless we have shipped an incorrect PRODUCT, in error, then we will arrange for pre-paid return shipping. All returns must be sent to our USA Headquarters. Solar Illuminations is a US Corporation and has no physical address in the UK. Do not send any parcels to the UK office which is a call centre, accepts letters and documents only and is not our physical address. For warranty repairs. a technician fee may apply for inspection, handling, return shipping of a PRODUCT that is returned reported as 'faulty' but has no fault found. Shipping costs to/from an international address are the responsibility of the customer regardless of the reason for the return. If a PRODUCT is found to be faulty within the warranty period, it will be repaired or replaced, at our discretion. New and unused returns that are approved to be refunded are subject to a 25% restocking fee. The restocking fee applies to shipments that have been refused, shipments that have not be delivered and orders that have been cancelled after being shipped. Refunds are usually processed within 14 working days from the date returned. Solar Illuminations reserves the right to refuse any non-compliant return and ship the PRODUCT back to the customer (at the customer's expense) thereby refusing the repair, replacement, exchange or refund, where the customer has failed to comply with our Terms, Conditions and Policies. We are not responsible in any way, financially or otherwise, for the installation and/or re-installation of any PRODUCT or any other consequential loss.
A limited amount of PRODUCTS offered are defined as a 'Special Order' and are non-returnable and non-refundable. This is mentioned in the product description or technical specifications (access by clicking the green MORE INFO button for any PRODUCT). These PRODUCTS are 'all sales final' and are not eligible to be returned for refund and can only be returned if the PRODUCT is defective which (if under warranty), upon inspection & testing is found to be defective, the PRODUCT will be repaired or replaced (at our discretion) with an identical PRODUCT.
(O) POSTAGE & DELIVERY
We process all 'in-stock' orders within 5 working days. However most 'in-stock' orders are actually processed and dispatched same day (if ordered before 5pm UK time). If your item is in stock your order should typically arrive within 2-10 working days (after dispatch) subject to the delivery service used. All delivery times are estimated and usually a signature is required at time of delivery. Some products are not eligible for free delivery and some products may be delivered by a third party courier directly from the vendor or manufacturer. 'Free Standard Delivery' is available on orders over £100 placed and paid for in full on this web site and acceptable for delivery by a regular courier service. Products that are not eligible for free delivery or express delivery include (but are not limited to) any product that must be delivered by a freight service. Freight shipments are those that cannot be delivered by a regular parcel service usually due to weight and/or volume and/or length and/or nature of the shipment. A quotation for freight delivery can be supplied upon request. If you selected 'Free Standard Delivery' or 'Standard Delivery' your order will be sent by standard parcel post and is usually delivered by Royal Mail or Parcel-Force. Allow up to 10 working days for delivery. If you selected 'Express Delivery' your order will usually be sent by UPS courier. Allow up to 5 working days for delivery. For BFPO, extreme rural, remote areas and offshore islands the delivery time may be longer. Your order will be sent out from our British owned warehouses located at our Head Office in Florida, USA, as an export shipment. We will not be held responsible in any way for any unforeseen delays in the delivery process which include, but not limited to: adverse weather; seasonal demand; Act of God; postal strikes or customs delays etc. In the unlikely event of a postal damage claim or a shortage, this must be reported to us with 24 hours from time of delivery. After this time, we are unable to process any claims for damage caused in transit or product shortages. We may require photographic proof to enable us to file a damage claim with the delivery company. Usually once we have all necessary information we can start to process the claim and send out a replacement part (in place of the damaged part) or a complete new PRODUCT, at our discretion, depending upon the nature of the problem. Once we have proof of delivery, from the courier, to the correct address (as supplied by the customer) the parcel(s) is deemed as being successfully delivered and a 'non-delivery' claim will be rejected. We do not deliver to P.O. boxes. If an order is attempted to be delivered but refused by the customer for any reason, or unable to be delivered to the customer for any reason, the customer remains responsible for that order and if it is returned to sender, then all costs associated with the return will be at the customer's expense. In these circumstances a minimum 50% restocking fee will apply and the original postage costs are not refundable. 'Working Days' are defined as Monday to Friday and exclude all UK & US public holidays. Throughout the months of November and December we are exceptionally busy and order processing times may be longer. There may be postal delays during the month of December due to heavy volumes of mail and parcels. Delivery times in December may extend beyond normal. Orders that are sent for Royal Mail or Parcel-Force delivery in the UK are originally dispatched by United States Postal Service (USPS) and are sent to the UK by air. Upon arrival they are handled and delivered by Royal Mail or Parcel-Force. Orders that are sent for UPS delivery in the UK are handled by UPS from the USA to the UK. Orders sent to Ireland and other European countries may be delivered by their respective national postal or parcel service in that country or UPS depending upon the delivery service selected. We reserve the right to select an alternative postal service should the parcel not meet the criteria for the service selected. We are not responsible for any customs fees, duties or VAT, if applicable, at time of import. We reserve the right to apply a 10% cancellation fee to any order that is cancelled prior to dispatch. Cancellation of an order after dispatch is not permitted. We will not be responsible for inbound or outbound postage costs, upon cancellation, after an order has been dispatched, or delivery refusal.
(P) VAT, DUTIES & IMPORT FEES
All purchases that are dispatched from our British owned warehouse in Florida, USA and may be subject to VAT and/or duties at the current rates. Such costs are excluded from our prices shown and may be payable at time of import by the customer. Typically the value of duty payable can be between 3 & 9%. VAT is currently 20% for the UK. However, the majority of our customers find that these charges are not often applied especially when the product value is below the thresholds where such charges would apply. A courier/delivery company administration fee may also apply where duties/taxes are applicable. It shall therefore be deemed that all product prices quoted or shown at this web site exclude VAT. If you are a VAT registered business then you should be able to reclaim any VAT payable.
All our PRODUCTS are supplied with a standard 24 month limited warranty (from date of purchase) excluding all halogen light bulbs and all batteries. Batteries warranties are supplied by the battery manufacturer and may vary. Many of our PRODUCTS have a warranty greater than 24 month and the majority of our solar panels have a 20 year limited warranty (as from 10/03/14). Check the PRODUCT specifications and descriptions for more information. As from 06/02/17 all PRODUCTS must be registered for warranty coverage. If a PRODUCT is not registered, regardless of reason, then a basic 30 day limited warranty will apply. It is therefore highly recommended that you register the extended limited warranty for your PRODUCT at www.solarilluminations.co.uk/registration
within 30 days of purchase. The purchaser is responsible for limited warranty registration. If the purchaser is not the end-user then the purchaser must ensure that the end-user is aware of the limited warranty registration. Solar Illuminations accepts no responsibility for failure to register the limited warranty of a PRODUCT (regardless of reason) and no exceptions apply. Technical support may not be available after 30 days (from date of pruchase) if the PRODUCT is not registered.
Limited warranty coverage applies to manufacturing defects only. Warranty coverage does not apply to (and is not limited to) the following: PRODUCT misuse; an incorrectly installed PRODUCT; lack of sunshine; low insolation; seasons; weather conditions; geographic location issues etc. These are examples of human error, Act of God and/or natural environmental effects which would not be covered by any warranty. In addition, illumination times may vary and is not covered by any warranty as we are unable to guarantee the illumination time of any solar light that we offer. Should a genuine fault develop within the warranty period, the PRODUCT will be repaired or replaced at our discretion (after inspection and testing) and in accordance with our Terms, Conditions and Policies. The warranty does not cover weathering, corrosion, residue, surface scratches, fading or discolouration of any surface or finish. Also the warranty does not cover theft, vandalism, damage or destruction (accidental or deliberate), wind, lightning, ice, snow, storm or any other weather related conditions or Act of God etc. No warranty is provided for any light bulbs or any batteries unless provided by the manufacturer and in such instances, any claim would be directly with the manufacturer. Valid, written proof of purchase is required for all warranty claims. Without proof of purchase warranty coverage will be denied, no exceptions. For PRODUCTS that use multiple LED's or SMD's we do not define the PRODUCT as being defective unless more than 5% of the LED's or SMD's fail to illuminate. The limited warranty is null & void if a PRODUCT has been altered or damaged due to normal wear & tear, abuse, improper maintenance, liquid ingression, improper use, disassembly of parts and/or attempted repair, modification or alteration. To assist with general troubleshooting we may require several clear photographs of the PRODUCT to ensure that it has been correctly installed and located at a site that is suitable for the PRODUCT to properly function. We do not provide site visits or inspections.
(R) LOWEST PRICE GUARANTEE
We constantly check and update our prices so that we remain highly competitive.
(i) Our Lowest Price Guarantee applies only to PRODUCTS sold and shipped directly by Solar Illuminations. If you purchase your product from a wholesaler, reseller and any third party, the Guarantee does not apply.
(ii) To qualify for the Guarantee, you must supply full details of the Competitor's product, their published price and current availability in writing (by email, fax or mail) before you make a purchase with Solar Illuminations. The Lowest Price Guarantee does not apply after a sale is completed.
(iii) The Competitor's product must be identical to the product offered by Solar Illuminations. It must be in stock, readily available and in brand new condition. It must be physically located within the United Kingdom only. The Competitor's must be a legitimate British company (with a valid, verifiable company registration and VAT number) and their products must ship from a physical UK address. The Competitor cannot be an auction site or a seller on an auction site.
(iv) The Solar Illuminations price is the price after any discounts, coupons, and promotional discounts have been applied to the PRODUCT (if applicable). Delivery costs are excluded.
(v) In the unlikely event that a Competitor's published price is found to be genuinely lower than the price offered by Solar Illuminations then Solar Illumination will beat that price by at least £1.00.