Individual & Personal Customers (Non-Business) - Terms & Conditions
(A) Terms
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.
Solar Illuminations may, at any time, revise these T.&C. by updating this posting. By using this site, you agree to be bound by any such revisions and therefore you should periodically visit this page of the site to examine the then current T.&C. to which you are bound. Certain provisions of this T.&C. may be superseded by expressly designated legal notices or terms located on particular pages at this site. In consideration for the use of this site, you agree to (1) provide complete and accurate information about yourself when so prompted by this site and (2) maintain and update this information as necessary to keep it current, complete and accurate. Any use of your personal information is set forth in our Privacy Policy.
(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, advertising 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 & 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 Private Limited Company registered in England & Wales Company No. 11679199 and with a Registered Office Address of 11-12 Old Bond Street, Mayfair, London W1S 4PN, United Kingdom.
(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.
(H) Indemnity
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.
(K) Termination
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.
(L) Disclaimer
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.
(M) General
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.
(N) Return 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. PRODUCTS that are defined as a Special Order or Made To Order are irrevocable, non-cancellable, non-returnable and non-refundable. Strictly no exceptions.
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. Shipping costs to/from our 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 number 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. 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 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 Fess
We are not responsible for any customs duties, VAT or import duties (if applicable) which may be payable to the courier or other authority at time of delivery.
(Q) Warranty
All our PRODUCTS are supplied with a 12-month limited warranty (from date of purchase) excluding all batteries, including 12 months of technical support. Batteries warranties are supplied by the battery manufacturer and may vary. As from 06/02/17 PRODUCTS sold that are defined as a 'System' must be registered to receive the extended warranty, free of charge. With a valid registration, the 12-month limited warranty coverage would extend to 5 years in total for the system (excluding batteries), and 20 years in total for the solar panel. If a PRODUCT defined as a 'System' is not registered, regardless of reason, then a 12-month limited warranty will apply. It is therefore highly recommended that you register for the free, extended, limited warranty for your PRODUCT at www.solarilluminations.co.uk/warranty-registration-form 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 12 months (from date of purchase) if the PRODUCT is not registered.
Limited warranty coverage applies to manufacturing defects only. Solar Illuminations is not responsible for and will not be held accountable for, any labour, equipment, machinery, hardware, parts, packaging or postage charges associated with the installation, removal, relocation or re-installation of any PRODUCT including any incidental or consequential costs, losses or fees. 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.
Business Customers - Terms & Conditions
1. Definitions
1.1 'Business Customer' means a legal entity or Sole Trader (otherwise
referred to as 'you') who enters into a Contract with us to buy Goods or
Services other than for private and domestic use.
1.2 ‘We’ or ‘The Company’ means Solar Illuminations Ltd
or our appointed, authorised agent or contractor.
1.3 'Contract' means any contract between you and us for the sale and purchase
of Goods or Services, incorporating these Terms.
1.4 'Goods' means any goods agreed in the Contract to be supplied to you by us
(including any part or parts of them).
1.5 'Normal Working Hours' means 9am to 5pm on a Working Day.
1.6 'Order' means an order for Goods or Services made by you in accordance with
these Terms. This may be in the form of a written or verbal Order, purchase Order,
web site Order or other method of communication that we define as an Order.
1.7 'Order Confirmation' means our written acceptance of your Order. For web
site Orders, this may be an automated email response acknowledging the Order,
or an invoice or receipt. For non-web site Orders, this may be a formal Order
Confirmation or an email confirming receipt of the Order.
1.8 'Services' means services and support (including technical support) provided by us to you.
1.9 'Software' means computer program(s) and associated documentation.
2.0 'Working Day' means Monday to Friday, excluding bank or other public
holidays.
2.1 'Special Order' means the Goods are a special order and/or made to order.
2.2 'Made To Order' means the Goods are made to order and/or are a special order.
2. Orders
2.1 When you place an Order for Goods or Services, this
will be regarded as an offer by you to purchase the Goods or Services subject
to these Terms and we shall not be obliged to accept your offer at our
discretion.
2.2 We may send you an Order Acknowledgement on receipt of your Order. This is
not an order confirmation or order acceptance by us.
2.3 At our discretion, we may accept your offer and create a Contract with you
by sending you an Order Confirmation once we have confirmed availability of the
Goods or Services, verified your credit account, or you credit or debit card or
payment details as necessary, and prepared the Goods for dispatch. We reserve
the right to obtain validation of your credit account, credit status, or payment
details before providing you with any Goods or Services.
2.4 If we accept your offer or commencement of any performance pursuant to
such Order shall constitute your acceptance of these Terms and Conditions. All
costs and prices set forth and/or an Order are expressly conditioned upon the
exclusive applicability of these Terms and Conditions. No Terms or Conditions
stated by the Business Customer (whether verbal or in writing) shall be binding
on The Company unless such Terms or Conditions are expressly accepted in
writing by a duly authorized representative of The Company. Failure of the
Business Customer to specifically object to any or all Terms and Conditions suggested
by the Business Customer shall not be deemed an acceptance of Terms and Conditions
that are in conflict with, inconsistent with, or in addition to the Terms and Conditions
set forth in this document. The Business Customer, upon receipt of any Order
Confirmation, or upon The Company’s commencement of performance pursuant to the
Business Customer’s Order, shall be deemed to have withdrawn any and all such Terms
and Conditions that conflict with, are inconsistent with, or are in addition to
the Terms and Conditions set forth in this document.
THE TERMS AND CONDITIONS
IN THIS DOCUMENT SUPERSEDE ALL PRIOR VERBAL AND/OR WRITTEN ESTIMATES, QUOTATIONS,
PROPOSALS, AND ANY AND ALL COMMUNICATIONS BETWEEN THE BUSINESS CUSTOMER AND THE COMPANY
RELATED TO THE ORDER OF GOODS AND/OR SERVICES.
2.5 The Order Confirmation will be binding on you unless there is an
unacceptable discrepancy between the Goods or Services that you ordered and
those detailed in the Order Confirmation. You should notify us as soon as you
become aware of any such discrepancy and in any event prior to the dispatch of
the Goods.
2.6 If we cannot supply the Goods ordered by you, we reserve the right to offer
alternative Goods of equal or superior quality. Any such changes will be
detailed in the Order Confirmation. In such cases, if you do not wish to accept
the alternative Goods offered, you may cancel the Order and require the refund
of any money paid to us in respect of that Order, including carriage charges.
This shall be your sole remedy.
2.7 We make every effort to supply the Goods as advertised but reserve the
right to supply the Goods subject to minor variations in actual dimensions and
specifications where these are changed by the manufacturer. Any such minor
variation will not give you the right to cancel or rescind any Order or
Contract made with us. Images of Goods are provided for illustrative purposes
only and the actual Goods you receive may differ from the image displayed in
the catalogue or on our website, especially with generic products.
2.8 When you place an Order, you are undertaking to us that:
(a) all details you provide to us for the purpose of purchasing Goods or
Services are correct, and
(b) the credit or debit card you use to make a purchase from us is your own
card, that you are authorised to use it, and that there are sufficient funds or
credit facilities to cover the cost of any Goods or Services you order from us.
2.9 We reserve the right to refuse to pay commission to our affiliate partners
for Orders that have not been placed directly with us a Business Customer’s
account manager. If you require clarification regarding any entitlement to
commission, you should contact your own account manager.
3.0 Cancellation of Orders. Other than in accordance with clause 2.4, we do not
accept cancellation of orders by Business Customers once an Order Confirmation
has been sent as many Orders are dispatched on the same day the Order is
placed. We cannot accept cancellation of an Order for bespoke Goods, special
order Goods, made-to-order Goods, or any Goods that have been produced to your
specific requirements. No exceptions.
3.1 Goods are not advertised, tested, or sold as being fit for any particular
application, or purpose, or for use under specific conditions, unless expressly
agreed in writing in the Order Confirmation.
3.2 The Company shall not under any circumstances be liable for any direct or
indirect consequential loss arising from any delay for an Order of Goods or Services
howsoever, whensoever, or wheresoever caused and whether or not resulting from
a negligent act or omission by the Company.
3.3 Any Goods defined as a Special Order or Made To Order have additional Terms and Conditions applied. This include, but is not limited to, being irrevocable, non-cancellable, non-returnable and non-refundable. As such, Goods may take longer to be manufactured or supplied and therefore may have longer or extended delivery times. Orders for Special Order or Made to Order Goods cannot be cancelled.
3. Pricing & Payment
3.1 Goods and Services, together with VAT, are invoiced
at the price prevailing at the time of your Order.
3.2 We reserve the right to vary our prices from time to time.
3.3 When you submit an Order, you will be notified of any additional costs
including shipping and handling costs or insurance.
3.4 Payment is due prior to shipment unless you have been approved for credit.
Our standard credit terms require payment within 30 days from the date of the
invoice, except in the case of transactions where different terms are agreed by
us in writing beforehand. At our discretion, other credit terms may apply as
shown on the Order Confirmation or invoice.
3.5 If you fail to make any payment due to us by the due date for payment (‘the
due date’), then we may charge you interest on the overdue amount at the rate
of 4% per annum above the Bank of England's base lending rate from time to
time. Such interest shall accrue on a daily basis from the due date until the
date of actual payment of the overdue amount.
3.6 Payment in advance for Orders to be delivered in the UK mainland may be
made by bank transfer, Visa, MasterCard, Maestro, American Express, PayPal. All
Orders for Goods to be delivered outside the UK must be paid by bank transfer
only.
4. Delivery, Title & Risk
4.1 We shall use reasonable endeavour to dispatch
Goods to you by the estimated delivery date, but time shall not be of the
essence for delivery and we shall not accept liability for failure to deliver
within the stated time or on a stated day where this is caused by circumstances
beyond our reasonable control, such as delays caused by delivery companies or
manufacturer lead times.
4.2 If a delay is likely, we shall contact you and advise of the delay. You
will not be entitled to damages or compensation if delivery of Goods does not
occur on the estimated delivery date.
4.3 If we are unable to deliver the Goods within 90 days of the estimated
delivery date, you will, as your sole remedy, be entitled to cancel the Order
and require any monies paid to us in respect of that Order to be refunded. In
order to cancel, you must send written notice of cancellation to us after the
estimated delivery date but before actual delivery of the Goods or notification
from us that the Goods are ready for delivery.
4.4 Delivery is deemed to take place when the Goods are delivered to your
nominated address, whereupon the risks of loss, breakage and all damage and all
other risks shall pass to you.
4.5 You are required to be able to accept the Goods when they are ready for
delivery within Normal Working Hours.
4.6 Ownership of the Goods shall not pass to you until we have received in full
(by cleared funds) all sums due to us in respect of:
(a) the Goods; and
(b) all other sums which are or which become due to us from you on any account.
4.7 Until ownership of the Goods has passed to you, you must:
(a) hold the Goods on a fiduciary basis as our bailee;
(b) store the Goods (at no cost to us) separately from all other goods of yours
or any third party in such a way that they remain readily identifiable as our
property;
(c) not destroy, deface or obscure any identifying mark or packaging on or
relating to the Goods; and
(d) maintain the Goods in satisfactory condition and keep them insured on our
behalf for their full price against all risks to our reasonable satisfaction.
On request you shall produce the policy of insurance to us.
4.8 You may resell the Goods before ownership has passed to you solely on the
following conditions:
(a) any sale shall be effected in the ordinary course of your business at full
market value; and
(b) any such sale shall be a sale of our property on your own behalf, and you
shall deal as principal when making such a sale.
4.9 Your right to possession of the Goods shall terminate immediately if you
have a bankruptcy order made against you or if you make or know of any
arrangements in respect of your actual or possible insolvency, liquidation,
winding up or other arrangements with your creditors.
4.10 In the event that you have failed to make full payment for Goods by the
due date, then as long as monies remain outstanding, we reserve the right to
enter your premises at your expense and recover from there all Goods which
remain our property.
4.11 If you did not, or cannot accept delivery, we may re-arrange delivery
provided that we reserve the right to charge you for any delivery costs
incurred.
4.12 Upon delivery of the Goods, you will be asked to sign a Proof of Delivery
(POD) to acknowledge safe receipt. It is your responsibility to ensure that the
number of packages delivered corresponds with the number stated on the delivery
note. Where a discrepancy occurs or where there is evident damage to the
packaging, you should either note this on the Proof of Delivery (POD) or refuse
delivery of the Goods. No exceptions.
4.13 We shall not be liable for discrepancies or damage evident on delivery
where you accept delivery and sign the Proof of Delivery (POD) without
amendment. No exceptions.
4.14 You may request a Proof of Delivery (POD), provided that this request is
made within 30 days of the dispatch confirmation, and we shall use reasonable
endeavour to provide such proof. Thereafter, delivery shall be deemed to have
been successfully completed, without exception. The unavailability of a POD, or an unsigned POD shall not constitute the Goods as not being received. Other methods of proof may be available, including (but not limited to): tracking information; photographic or video evidence; affidavit; verbal or written reference to (or acknowledgment of) the Goods being received by the Business Customer or the consignee; etc.
4.15 All Goods must be thoroughly inspected upon delivery. You must notify us immediately and, in any event, no longer than 48
hours after delivery in the event that Goods are found to be damaged on
delivery, items are missing, or the Goods are not as specified in the Order
Confirmation. We are unable to process any claim for loss, damage or not as specified, after this time or where the Goods have subsequently been moved or transported from their original delivery address. Thereafter, delivery shall be deemed to have
been successfully completed. Strictly, no exceptions. If you need to return any Goods, then please see our Returns
policy below.
4.16 The Company shall not under any circumstances be liable for any direct or
indirect consequential loss arising from any delivery or delay of delivery for
an Order of Goods or Services howsoever, whensoever, or wheresoever caused and
whether or not resulting from a negligent act or omission by the Company.
5. Returns, Guarantees & Warranties
5.1 Other than the express provisions set out in these
Terms, all other terms and the implied terms or warranties relating to the
supply of goods or services are excluded to the fullest extent permitted by
law.
5.2 In the event that you need to return Goods, then a Goods Returns Materials
Authorisation Number (RMA) must be obtained from us for each and every return
so that we are able to administratively process your return, otherwise we have
no means of identifying the Goods being returned and this may result in
difficulties in returning monies. You will be sent a RMA acknowledgement by
email which may also include a downloadable returns label that should be
printed off and secured onto the exterior of the package. The RMA must be
clearly shown on each parcel returned and must be in the original
manufacturer's packaging (which shall not be defaced) complete with
accessories, manuals and documentation. Software packages must be returned
unopened with the Software seals intact. Except in the case of faulty Goods,
returned items not complying with these requirements will be rejected.
5.3 In the event that any Goods Delivered to you do not correspond with the
Goods in the Order Confirmation, or have been Delivered to you by mistake, then
you will be under a duty to take reasonable care of such Goods and to contact
our Customer Services team immediately no later than 14 days. We will then
arrange for a courier to collect the Goods and replacements to be supplied on a
credit and recharge basis.
5.4 Care of Goods to be Returned - Whilst in possession of the Goods you will
be under a duty to take reasonable care of them. We reserve the right to refuse
a refund on Goods returned which have been made unfit for resale or damaged
whilst in your possession.
5.5 Address for Returns of Goods - If you need to return Goods to us for
whatever reason, then upon request, we will supply the address to you in writing.
Return Goods will not be accepted at our London office.
5.6 The Company shall not under any circumstances be
liable for any direct or indirect consequential loss arising from any defect of
Goods or Services howsoever, whensoever, or wheresoever caused and whether or
not resulting from a negligent act or omission by the Company.
5.6 Return of Defective Goods -
(a) In the event that Goods are found to be defective at any time within the
first 30 days from delivery then please contact our Customer Services team
immediately that you become aware of the defect, ensuring that you have the
item’s serial number available to provide to our staff. Different manufacturers
have differing policies for dealing with Goods, which are termed ‘dead on
arrival’ meaning that the Goods are found to be faulty either on delivery or
very shortly afterwards. You will therefore be advised by our Customer Services
team of the relevant manufacturer’s returns policy. In the event that a
manufacturer’s returns policy applies we will not charge you for the collection
of the Defective Goods. It is your responsibility to package and secure the
Goods prior to collection to prevent damage during their return to us.
(b) We shall at our option repair or replace such Defective Goods (or the
defective part) and only if a repair or replacement is not possible or would be
disproportionate to the price of such Goods, we shall at our discretion refund
the price of such Defective Goods at the pro-rata contract rate provided that
you return the Defective Goods to us with all internal and external parts that
were delivered with the Goods.
(c) If we arrange for a courier collection of your Goods, this will normally
take place between 9.00am and 5.30pm, and it is your responsibility to ensure
that someone will be present at the collection address when the courier
arrives.
(d) On receipt by us of the returned Defective Goods, if following the testing
process the Defective Goods are found to be in good working order without
defect, we will return the Goods to you, and the carriage costs of this return
will be your responsibility. Please note that if you have, in the meantime,
required us to provide you with replacement Goods before completion of the
testing process, you will be liable to pay for these Goods. If, when we examine
the Defective Goods, it is evident that the defect has arisen because you have
failed to follow Solar Illuminations Ltd. or the manufacturer’s instructions as
to the storage, installation, commissioning, use or maintenance of the Goods,
or if you have altered the Goods without the written consent of Solar
Illuminations Ltd. then we reserve the right to refuse a repair, replacement or
refund.
(e) You should note that we adhere to individual manufacturers’ guidelines in
respect of acceptable deviation of quality of certain items. Therefore, we
reserve the right not to accept Goods considered by you to be defective if the
error or fault is within the manufacturer’s accepted manufacturing tolerances.
If you have any doubt, please contact our Customer Services.
5.7 Warranty Claims
(a) If Goods become faulty more than 30 days after delivery then you are
advised to contact the manufacturer and use their warranty procedure. Unless
otherwise stated in the manufacturer's documentation, all Goods carry a
manufacturer's warranty.
(b) If you wish to make a warranty claim, you must comply with the
manufacturer's instructions and warranty procedure. In order to resolve your
problem as quickly as possible, we will refer you to the manufacturer who will
deal directly with the return. In these instances, we will provide you with the
contact information for the relevant manufacturer.
(c) All warranties provided under these Terms shall be invalidated if the Goods
have been worked upon, altered or damaged in any way by you or your employees
or agents, or if the Goods have not been used in accordance with the
manufacturer's instructions.
5.8 Return for credit
(a) In the event that we, at our absolute discretion, agree to accept the
return for credit of unwanted products, the Goods must be returned with our
prior written agreement within 14 days of delivery. The Goods must be unopened,
with the manufacturers’ seals intact and in perfect re-saleable condition. Used
and/or installed products are not returnable. At our discretion, Goods returned
in these circumstances will be refused or subject to a re-stocking fee. Please
ensure that the Goods you have purchased are to your specification prior to
breaking the manufacturers’ seals. This will avoid disappointment and the Goods
being rejected, should you wish to return them.
(b) Any Goods returned unopened, with the manufacturers’ seal intact and in
re-saleable condition, outside of the 14 days specified in clause 5.8(a) may be
returned for credit subject to our absolute discretion and shall be decided by
us on a case-by-case basis. All Goods returned in these circumstances will be
subject to a reasonable re-stocking fee to cover our administrative charges.
5.9 Provision of Services
(a) If you purchase Services from us, then we shall use our skill and expertise
to carry out the Services to a standard equivalent to that of a competent professional
and shall warrant our work as free from defects for a period of 30 days after
completion. In particular, we cannot be held responsible for any fault or
damage not caused by our services engineers or their contracted agents. In the
event of a claim arising relating to the level of skill and judgement applied
in the course of providing Services, we reserve at our sole discretion the
right to appoint an independent expert in the field to appraise the work
carried out in the execution of the Service(s).
(b) We accept no liability for equipment installed or configured by us when the
equipment has subsequently been altered or configured by persons other than
ourselves or our agents. Except as set out here, all other express or implied
terms or warranties relating to the Services are excluded to the fullest extent
permitted by law.
5.10 Special Order & Made To Order
Goods that are defined as a Special Order or Made To Order are irrevocable, non-cancellable, non-returnable and non-refundable. Strictly no exceptions.
6. Our Liability
6.1 Subject to clauses 4 and 5, the following
provisions set out our entire financial liability (including any liability for
the acts or omissions of our employees, agents and sub-contractors) to you in
respect of:
(a) any breach of these Terms;
(b) any use made or resale by you of any of the Goods, or of any product
incorporating any of the Goods; and
(c) any representation, statement or tortious act or omission including
negligence arising under or in connection with the Contract.
6.2 All warranties, conditions and other terms implied by statute or common law
(save for the conditions implied by section 12 of the Sale of Goods Act 1979)
are, to the fullest extent permitted by law, excluded.
6.3 Nothing in these Terms excludes or limits our liability:
(a) for death or personal injury caused by our negligence; or
(b) for any matter which it would be illegal for us to exclude or attempt to
exclude our liability; or
(c) for fraud or fraudulent misrepresentation.
6.4 Subject to clause 6.2 and clause 6.3:
(a) our total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise, arising in
connection with the performance or contemplated performance of the Contract
shall be limited to the Contract price; and
(b) we shall not be liable to you for loss of profit, loss of business, or
depletion of goodwill in each case whether direct, indirect or consequential,
or any claims for consequential compensation whatsoever (howsoever caused)
which arise out of or in connection with the Contract.
7. Force Majeure
7.1 We shall not be liable to you or be deemed to be in
breach of contract by reason of any delay in performing or any failure to
perform any of our obligations in respect of the Goods or Services, if the
delay or failure was due to any cause beyond our reasonable control. Without
prejudice to the generality of the foregoing, the following (but not limited to) shall be regarded
as causes beyond our reasonable control: act of God, explosion, flood, tempest,
fire or accident; war, threat of war, sabotage, insurrection, civil disturbance
or requisition; acts, restrictions, regulations, bye-laws, prohibitions or
measures of any kind on the part of any governmental, parliamentary or local
authority; import or export regulations or embargoes; strikes, lock-outs or
other industrial actions or trade disputes (whether involving our employees or
of a third party); difficulty in obtaining materials, labour or machinery; and
power failure or breakdown in machinery.
7.2 If we are unable to provide you with your Goods within a reasonable time
due to circumstances beyond our control, at our discretion, we shall either
agree a new timescale with you for the delivery of the Goods or either of us
may decide to terminate the Order in which case we will return any prepayments
that you have made in full. The exception shall be where an order is defined as a special order or Goods that have been made to order.
8. Errors & Omissions
8.1 We make every effort to ensure that all prices and
descriptions quoted in our advertising, data sheets and on our website are correct and
accurate. In the case of a manifest error or omission, we will be entitled to
rescind the contract, notwithstanding that we may already have accepted your
Order and/or received payment from you. Our liability in that event will be
limited to the return of any money that you have paid in respect of the Order.
8.2 In the case of a manifest error in relation to price, you will be entitled
to purchase the Goods or Services by paying the difference between the quoted
price and the correct price, as confirmed in writing by us after the manifest
error has been discovered. A 'manifest error', as the term is used in this
clause 8, means, in relation to an incorrect price, a price quoted in error by
us which is more than 10% less than the price that would have been quoted had
the mistake not been made.
9. Data Protection
9.1 We have a full and detailed privacy statement
available by Clicking Here which forms part of our Terms & Conditions.
9.2 Website Security – Solar Illuminations Ltd. website employs the SSL (Secure
Socket Layer) encryption standard in all secure areas, including login pages,
customer information and payment details. Provided that you are using an
SSL-compliant browser such as Netscape's Navigator, Microsoft's Internet
Explorer, Opera or Firefox, you will be able to conduct encrypted transactions
without fear of an intermediary obtaining your credit card information.
9.3 Data Protection & Data Security - Data is maintained under the
provisions of the Data Protection Act (1998).
9.4 Information Automatically Logged - We may use your IP (Internet Protocol)
address to help diagnose problems with our server and to administer our
website. Your IP address is also used to help gather broad demographic
information. A disk-based cookie (non session) is used for identification.
9.5 Registration and general data sharing - Our site registration and Order
form requires you to give us contact information (such as name, email, and
postal address), unique identifiers (such as username and password),
demographic information (such as postcode), and financial information (such as
account reference and transaction values). This data is securely stored for use
in all our marketing communications and analysis databases.
9.6 Internal data sharing - Solar Illuminations Ltd. may share your information
with any member of our group, which means our ultimate holding company and its
subsidiaries, as defined in section 736 of the UK Companies Act 1985.
9.7 External data sharing - Solar Illuminations Ltd. may share your information
with selected third parties, in order that they may contact you to let you know
about goods or services which may be of interest to you. Please contact us if
you wish to opt out of receiving such information.
9.8 Personal information - You agree that we may use personal information
provided by you in order to conduct appropriate anti-fraud checks. Personal
information that you provide may be disclosed to a credit reference or fraud
prevention agency, which may keep a record of that information.
9.9 Record keeping- Please note, at our discretion, we may record and monitor
inbound and outbound calls and electronic traffic for training and/or security purposes.
9.10 Refer to our GDPR Policy for more information.
10. Trade Names & Trade Marks
10.1 Solar Illuminations logo and the word ‘SolarIlluminations’
is a registered trademark in the UK.
10.2 Trade names and marks (other than ours) are not always indications of the
actual manufacturer of a particular product and may rather be indicative of
general use systems and machines associated with such products.
10.3 In the case of component purchases, if you require a particular brand of
product should, then before placing an order, please check with us to confirm
the identity of the manufacturer of the component that you are proposing to
purchase.
10.4 Both parties hereby acknowledge the intellectual property rights of
suppliers and manufacturers of the Goods appearing in our sales literature and
on our website.
11. Application & Use of Solar Power Technologies
11.1 When purchasing Goods that use solar power as the
primary power source it shall be deemed that the installer is suitably capable,
qualified and/or competent to install and commission the Goods.
11.2 We are not responsible for the incorrect specifying,
supply, resale, use, or installation of Goods. Where you have incorrectly
specified, supplied, resold, used, or installed the Goods you accept and agree
that this does not define the Goods to be defective, not fit for purpose, or
not as described.
11.3 We are not responsible for reduced illumination
times, output, or performance of the Goods due to (but not limited to) environmental
or atmospheric conditions, Act of God, weather, seasons, temperature, geographic
location, vandalism, deliberate or accidental damage, theft, etc. In such
circumstances, you accept and agree that this does not define the Goods or
Services to be defective, not fit for purpose, or not as described.
11.4 We are not responsible for any consequential or
adverse effect, harm, or damage caused by the improper specifying, supply, resale,
use, or installation of Goods. In such circumstances, you accept and agree that
this does not define the Goods or Services to be defective, not fit for
purpose, or not as described.
11.5 It shall be deemed and accepted that any solar
panel supplied with the Goods, will be installed properly, in the correct
orientation and angle (where such Goods allow), and it will not be shaded at
any time. In such circumstances where this instruction has not been adhered to,
you accept and agree that this does not define the Goods or Services to be
defective, not fit for purpose, or not as described.
11.6. Where The Company has supplied verbal or written advice
or instruction, and it has not been adhered to, whether there are consequences
or otherwise, you accept and agree that this does not define the Goods or
Services to be defective, not fit for purpose, or not as described.
11.7 The Company shall not under any circumstances be
liable for any direct or indirect consequential loss arising from the incorrect
specifying, supply, resale, use, or installation any of Goods or Services
howsoever, whensoever, or wheresoever caused and whether or not resulting from
a negligent act or omission by the Company.
12. General Terms of Business
12.1 You must not transfer any contract made with us
under these Terms, as it is personal to you, without written authority from us.
This authority will not be refused without good reason.
12.2 If any part of these Terms shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed to be severable from
the Terms and shall not affect the validity and enforceability of any of the
remaining provisions of the Terms.
12.3 No waiver by us shall be construed as a waiver of any proceeding or
succeeding breach of any provision.
12.4 Communications.
(a) All communications between the parties about the Contract shall be in
writing and delivered by email or by hand or sent by pre-paid first class post
or sent by fax to the registered office or such changed address as shall be
notified to by the party; or (in any other case) to any address of yours set
out in any document which forms part of the Contract or such other address as
shall be notified to us by you.
(b) Communications shall be deemed to have been received:
(i) if sent by pre-paid first class post, two days (excluding Saturdays,
Sundays and bank and public holidays) after posting (exclusive of the day of
posting); or
(ii) if delivered by hand, on the day of delivery; or
(iii) if sent by fax on a working day prior to 4.00 pm, at the time of
transmission and otherwise on the next working day.
(iv) If by email on a working day prior to 4.00 pm, at the time of transmission
and otherwise on the next working day.
12.5 No third party shall be allowed to enforce any rights under this contract.
We hereby exclude the application of the Contracts (rights of Third Parties)
Act 1999 to each, and every contract made under these Terms.
12.6 You confirm that, in agreeing to accept the Terms, you have not relied on
any representation save insofar as the same has expressly been made a part of
these Terms and you agree that you shall have no remedy in respect of any
representation. Nothing in these Terms shall limit or exclude our liability in
respect of any fraudulent or negligent misrepresentation whether or not such
has become a part of the Terms.
12.7 These Terms shall be governed by the relevant laws of the United Kingdom
and construed in accordance with the relevant laws of the United Kingdom, and
you irrevocably submit to the exclusive jurisdiction of the relevant courts of
the United Kingdom.
12.8 If you have any complaints with the Goods or Services provided by us,
please contact Customer Services by post or hand delivery addressed to Customer
Services at: Solar Illuminations Ltd., 11-12 Old Bond Street, Mayfair, London W1S 4PN, United Kingdom. Or by e-mail to: sales@solarilluminations.co.uk
12.9 Contact information for Solar Illuminations Ltd. is: Solar Illuminations
Ltd., 11-12 Old Bond Street, Mayfair, London W1S 4PN, United Kingdom. Telephone: 020
7873 2262 or email: sales@solarilluminations.co.uk
12.10 The registered office for Solar Illuminations Ltd. is: Solar
Illuminations Ltd., 11-12 Old Bond Street, Mayfair, London W1S 4PN, United Kingdom. Registered
in England with company number: 11679199.