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TERMS & CONDITIONS

TERMS AND CONDITIONS

These terms and conditions apply to the use of this website at www.abbeygatelighting.co.uk. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

Our contact details are as follows:

The www.abbeygatelighting.co.uk website is operated by:

ABBEYGATE LIGHTING LIMITED
55-59 Cobbold Road
Felixstowe
Suffolk
IP11 7BH

Phone: 01394 288240

Fax: 01394 671747

Email: sales@abbeygatelighting.co.uk

Website: www.abbeygatelighting.co.uk

1. INTRODUCTION

In these conditions “the company” means ABBEYGATE LIGHTING ONLINE LIMITED.

1.1               You will be able to access most areas of this website without registering your details with us.

1.2               We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.

2. ORDERING FROM US

2.1        You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement.

2.2        Our acceptance of an order takes place when we despatch the order. We may send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3        We may refuse to accept an order:

(a) where goods are not available;

(b) where we cannot obtain authorisation for your payment;

(c) if there has been a pricing, product description or product image error;

(d) if you do not meet any eligibility criteria set out in our terms and conditions;

(e) if we are unable to fulfil your order for any other reason beyond our control.

2.4        QUOTATIONS. No binding contract shall be created by the acceptance of the purchaser of the companies quotation, which quotation constitutes an invitation to treat only, until an acknowledgement of the order has been given in writing by the company or the company has acknowledged the order by making delivery of the goods.

2.5        DESPATCH TIMES. Any times quoted for despatch, repair or replacement, are to be treated, as estimates only and time shall not be of essence of contract. If time is subsequently made of the essence by the purchase then the company’s liability shall be limited to the value of the goods and the company shall not be liable to the purchaser in respect of any indirect or consequential loss that may arise.

3. PRICING

3.1        All retail prices include VAT at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

If the goods are to be despatched overseas we will invoice the goods exclusive of VAT. You will be responsible for the payment of local taxes and charges.

3.2        Where we charge separately for packaging, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

3.3        We reserve the right to alter the prices of goods without notice. Updated prices will come into effect from the time of publication on the website.

3.4        If a quotation has been given, we will honour the price quoted for up to 30 days of the quotation date.

4.1 PAYMENT

We accept Credit Card, Debit Card payments via SagePay.

Cards we accept, Mastercard / Visa / Visa Delta / Visa Electron / Solo / Switch.

The goods will not be despatched until the customer’s funds that have been paid to Abbeygate Lighting Online Limited have cleared in full.

4.2 CREDIT CARD SECURITY

At this stage, you will be passed on to a Secure Order Processing page, your details will be encrypted by 128-bit industry-standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as your name, address and credit card details.

5. CANCELLATION AND RETURNS POLICY

5.1        If you wish to cancel your order:

(a) you can notify us by email to sales@abbeygatelighting.co.uk before we have despatched the goods to you; or

(b) where goods have already been despatched to you unless the product in product in question is a “special order”, we reserve the right to make a 25% handling charge, by returning goods to us in accordance with clause 5.4.4 below.

5.2        Goods you have ordered from our stock range of lighting can be returned to us at any time within 14 days of receipt for a full refund or exchange. The costs of returning stock to us shall be borne by you.

5.3        Upon receipt of the goods we will give you a refund of the amount paid or an exchange credit as required, provided it is in fully resaleable condition. We will consider the overall condition of the product being returned when making a refund.

5.4        The rights to return the goods to us as referred to in clause 5.2 and 5.3 will not apply in the following conditions:-

5.4.1     In the event the product has been used.

5.4.2     If we find that the product has not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item, or deduct up to 50% of the original selling price from the refund amount.

5.4.3     When goods are not from our standard product collection and have been specially ordered there will be a 25% handling charge on the value of the returned goods.

5.4.4     We are unable to accept the return of goods where the goods have been ordered as a custom product made to special order, or modified in any way at the customers request.

The provisions in clause 5.4 does not affect your statutory rights.

5.5        Where goods have been damaged in transit you must record any damage to the package on the driver’s consignment sheet when the parcel is delivered. You must then notify us within 48 hours of receipt giving a clear description of the damage that has occurred to the goods to sales@abbeygatelighting.co.uk The company shall not be liable for any claim for non-delivery unless the claim is notified to them within 14 days from the invoice date.

5.6        For the avoidance of doubt: The company will not replace goods claimed to be defective until it is confirmed the fault is not the result of improper use or installation.

5.7        Defective / faulty items can be returned to us, once you have been issued with a returns number by contacting sales by telephone or email to sales@abbeygatelighting.co.uk Defective / faulty items must be reported to us within 14 days of receipt of goods. We will require reasonable time for testing and assessing the reported fault. (Average assessment time is 24 hours from receipt of the returned item(s), excluding weekends and public holidays) Once the item(s) has been determined faulty subject to clause 5.6, we will either replace or refund where applicable. The initial cost to return the item(s) shall be borne by the customer and will be refunded based on the Post offices second class carriage charges applicable at the time, or at a proportioned cost of the original carriage cost as borne by Abbeygate Lighting Online Limited at the time of despatch, or whichever is the lesser.

5.8        If an item is found to be not faulty, we reserve the right to charge an additional carriage charge to return the item(s) to you, our customer.

6. LICENCE

6.1        You are permitted to print and download extracts from this Website for your own use on the following basis:

(a) no documents or related graphics on this Website are modified in any way;

(b) no graphics on this Website are used separately from accompanying text; and

(c) any of our copyright and trade mark notices and this permission notice appear in all copies.

6.2        Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

6.3        Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

6.4        Any rights not expressly granted in these terms are reserved.

7. SERVICE ACCESS

7.1        While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

7.2        Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair of for reasons beyond our control.

8. VISITOR MATERIAL AND CONDUCT

8.1        Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

8.2        You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

8.3        You may not misuse the Website (including, without limitation, by hacking).

8.4        We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3

8.5        As part of our strict security policy, we may record the IP addresses of any visitors to this website.

9. LINKS TO AND FROM OTHER WEBSITES

9.1        Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

9.2        If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the abbeygatelighting.co.uk logo;

(b) you do not create a frame or any other browser or border environment around this Website;

(c) you do not in any way imply that we are endorsing any products or services other than our own;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any abbeygatelighting.co.uk trade marks displayed on this Website without our express written permission;

9.3        You shall fully indemnify us for any loss or damage we, or any of our group companies may suffer or incur as a result of your breach in clause 9.2.

10. REGISTRATION

10.1      To register with www.abbeygatelighting.co.uk you must be over eighteen years of age.
10.2      Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
10.3      Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
10.4      We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

11. DISCLAIMER

11.1      While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
11.2      The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.3      Product images and descriptions are typical and not binding. All descriptions, specifications, drawings and particulars of weights and dimensions, etc. issued by the company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract. If in any doubt as to the appearance or constitution of any product, you should contact us. Product images shall not form part of the description of any product, or part of the contract of any purchase.

 

12. LIABILITY

12.1      We, any other party (whether or not involved in creating, producing, maintaining, or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or loss of any income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

12.2      Nothing in these terms and conditions shall exclude or limit our liability for

(i) death or personal injury caused by negligence (as such term defined by the Unfair Contract Terms Act 1977);

(ii) fraud;

(iii) misrepresentation as to a fundamental matter; or

(iv) any liability which cannot be excluded or limited under applicable law.

12.3      If your use of our material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

12.4      You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs(including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

13. GOVERNING LAW AND JURISDICTION

13.1      These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
13.2      We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

14. MISCELLANEOUS

14.1      You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
14.2      If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
14.3      Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

15. FORCE MAJEURE

The company shall not incur any liability for failure to perform any obligation under any contract if such failure is the direct result of anything beyond the company’s control.

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