Terms and Conditions
Welcome to the After Dark Lighting terms and conditions for use. Please read through these terms and conditions carefully before using the website. They do not affect your statutory rights. Your continued use of the website constitutes your agreement to be bound by these terms and conditions which shall also govern all transaction on the website to the exclusion of any other terms and conditions.
After Dark Lighting (“After Dark Lighting”, “we” or “us”) reserves the right to change these terms and conditions from time to time without notice to the user or viewer (“you”) and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. We recommend to all our customers to print and retain a copy of the terms and conditions for future reference.
If you are unsure about how these terms and conditions may affect a potential purchase or have affected an existing purchase, please contact us via the help line or email us at [email protected]
10. DATA PROTECTION
12. COPYRIGHT NOTICE
13. CONTACT ADDRESS
- Creation Of The Contract
- You place an order on the website by selecting one or more items and placing them in the shopping basket and following the instructions in the checkout area.
- You will have an opportunity to check and correct any input error in your order up until you click on the Place Order button.
- After you have placed your order you will receive an e-mail order acknowledgement from us. Please note that this e-mail acts as acknowledgment not acceptance of your order.
- Credit card payments are pre-authorized and funds allocated at the time of order placement and we will not authorize transfer of allocated funds until such time as your order is ready for dispatch.
- Acceptance of your order and the creation of a legally binding contract with us will only occur once we have successfully received cleared payment, your order is ready to dispatch and you have received a second email to confirm delivery details.
- Under Distance Selling Regulations this contract is subject to your right of cancellation.
- We reserve the right to decline all or part of any order for whatsoever reason and should this occur we will contact you by e-mail.
- The details of your specific contract are filed securely by us. Should you require any information regarding your contract please contact us via the Contact Us page.
- Description and Price of Products
- All prices shown on this website are inclusive of VAT at the prevailing rate.
- The description and price of the goods you order will be as shown on the website at the time of order placement.
- Care is taken by us to ensure that the prices shown are accurate when you place an order. In the unlikely event of a pricing error being discovered the we will contact you as soon as possible whereby you will be offered the option of reconfirming the order at the correct price, or canceling the order. If a reconfirmation of the order is not received within 14 days the order will be cancelled by default.
- A delivery charge may be payable on certain orders. Delivery charges are shown separately on your invoice.
- Descriptions, specifications, measurements and illustrations are approximate and intended as a guide only which can be changed without notification.
- The finish of a product refers to its appearance only and is not necessarily an indication of the materials used in the product’s manufacture.
- All goods are subject to availability. If we are unable to dispatch your order because goods are out of stock you will be notified as soon as possible. We will only authorize payment or part payment when the order or part of the order is ready for dispatch.
- Due to the fragile nature of certain products, assembly, dressing or alteration may be required. All images and illustrations on this website depict a product when fully assembled.
- After Dark Lighting uses pre-authorization when an order is placed, which checks for and reserves by way of allocation (also known as shadowing) available funds from your credit or debit card account. Payments or part payments are not removed from your account until the order or part order is ready to dispatch.
- Payment can be made using any of the payment methods made available by the supplier on the website at the time of order.
- All credit and debit card payments that are made on our website are protected by a secure connection, which ensures that your credit or debit card details are encrypted prior to it being transferred to the bank for pre-authorization.
- Orders will be delivered to the address that you submit as your shipping address. Certain postcodes which affect certain areas of the Scottish Highlands, and other off shore locations will incur additional shipping charges. Additional shipping quotations are acquired from our courier partners us on a ‘best price basis’ and are offered to you at cost price plus VAT. Customers are welcome to appoint their own courier services to collect orders by prior arrangement.
- After Dark Lighting endeavours to complete and deliver all orders within an average 3 to 5 working day lead time. This is provided all items are available from stock and no items with specific delivery schedules have been ordered.
- If you refuse or fail to take delivery because you have cancelled the contract under the provisions of the Distance Selling Regulations after the order was dispatched, we will deduct an amount not exceeding the transportation cost incurred to reacquire the goods from the refund you are owed of the purchase price of the goods. The Supplier will refund this amount within 30 days.
- If delivery cannot be made to your address after we have received payment and for reasons that are within the control of After Dark Lighting, you will be contacted as soon as possible. We will issue a full refund of the delivery charges (if any) that were levied against the order. The Supplier will arrange redelivery to you at no extra cost.
- If you deliberately fail to accept delivery for any reason other than by circumstance under our control, then the we may:
- Store and insure the goods until such time as delivery can be made and charge you for reasonable costs incurred. Or...
- Instruct our couriers to return the goods to us and deduct an amount not exceeding the return to base cost incurred from the refund of the purchase price of the goods. The Supplier will refund this amount within 30 days.
- If we anticipates a delay in delivering your order due to circumstances beyond our control, we will attempt to contact you as soon as possible. The supplier will not be liable for loss or damage incurred by you through unavoidable or reasonable delay in the delivery of your goods.
- You will become the owner of the goods (and be liable for the loss or destruction of the goods) at the time of delivery, provided that we have received payment for the goods.
- All deliveries are signed for. If you are not available at the time of delivery our courier agents will leave a calling card with contact details to arrange an alternative delivery date. Please note that after two failed delivery attempts we reserve the right to levy additional charges to deliver your order.
- If you are unable to check your goods in the presence of the courier agent, please ask the agent for your delivery to be signed for ‘UNCHECKED’ failure to do so may affect future warranty claims.
- If your consignment consists of more than one package, please ensure that the number of packages you sign for is the same as the number of packages delivered. Please note that if you or any person on your behalf provides a signature this constitutes proof of delivery.
- Unless otherwise stated, all products supplied by us are warranted against manufacturing fault or defect for a period of 12 months from the point of delivery.
- This warranty excludes any defect that has arisen from:
- Willful damage, negligence or accident by you or any third party,
- Reasonable wear and tear,
- Misuse or incorrect installation or assembly,
- Any alteration, modification or repair carried out without our consent
- If a product becomes defective which is under warranty during the course of its normal use please report the fault to us following the procedure described on the Returns Procedure page. If the fault or defect is limited to a part that is easily replaced by you, a new part will be dispatched free of charge (subject to availability). If the fault or defect is not limited to a part which can be easily be replaced by you, we will issue a Return Number instructing you to return the fitting to us following the instructions described on the Returns Procedure page. You will be initially responsible for the act and cost of returning the goods to us (by standard parcel services only). The Goods must be returned within 14 days from the date the Returns Number was issued. Goods returned under warranty claim will undergo tests appropriate to the nature of the fault, which may involve returning goods the manufacturer’s premises. In all cases your claim will be processed as expediently as possible. An upheld warranty claim will result in the repaired or replaced item returned (subject to availability) to you at no cost and the cost of return postage refunded to your credit/debit card within 30 days.
- You must not return any goods until you have received a Return Number. Any goods returned without notification and a Returns Number will be rejected.
- Light bulbs are offered for sale with an ‘average life expectancy’, which does not constitute a warranty or guarantee of life expectancy. Primary causes of premature lamp life would include power surges and voltage fluctuations in your electrical supply. Light bulbs that are dead on delivery will be replaced at our discretion.
- Some exterior lighting products are offered for sale with an extended anti corrosion warranty which covers degradation of the finish only. Some postcode areas are excluded from these warranties and may include coastal areas or areas of heavy agricultural fertilizer use. If you are concerned that this may affect your purchase please contact us for specific details.
- Damaged Goods
- You must inspect your goods as soon as they are delivered. Broken, damaged or faulty goods received on delivery must be reported to us following the instructions described on the Returns Procedure page within 48 Hours of the time of delivery. We reserve the right to refuse any claim for damaged goods after this time.
- If you require a replacement product and the damage is limited to parts that are easily replaced by you we will dispatch spare parts immediately (subject to availability) at no cost to you.
- If you require a replacement product and the fault is not limited to parts that are easily replaced by you, we will issue you with a Return Number and request you return the goods following the instructions described on the Returns Procedure page. You will be initially responsible for the act and cost (by standard parcel services only) of returning the goods to us which must be returned within 14 days from the date the Returns Number was issued. You must enclose a copy of the receipt/invoice for return postage. Once received returned goods will be fully inspected. Provided the goods are returned as requested a replacement item will be despatched immediately (subject to availability) and the cost of return postage refunded to your debit/credit card within 30 days.
- If you require a refund for damaged goods please notify us following the instructions on the Returns Procedure page within 48 hours. A Return Number will be issued instructing you to return the goods following the instructions on the Returns Procedure page. You will be initially responsible for the act and cost (by standard parcel services only) of returning the goods to us which must be returned within 14 days from the date the Returns Number was issued. You must enclose a copy of the receipt/invoice for return postage. Once received returned goods will be fully inspected. Provided the goods are returned as requested a refund of all payments made by you, including the cost of return postage will be issued to your debit/credit card within 30 days.
- You must not return any goods until you have received a Return Number. Any goods returned without notification and RAN will be rejected. Telephone calls do not constitute an authorization to return goods.
- You must take reasonable care to ensure that further damage is not caused during transit.
- Order Cancellation & Returning Unwanted Goods
- Under the terms of the Consumer Distance Selling Regulations you have the right to cancel the contract at any time up to the end of the seventh working day commencing the day after delivery was made.
- To exercise your cancellation right, please notify us following the instructions on the Returns Procedure page.
- If you notify us before your order has been dispatched we will issue a refund of all payments to your debit/credit card within 30 days.
- If you notify us after your order has been dispatched a Returns Number will be issued requesting you to return the goods following the instructions on the Returns Procedure page. You will be responsible for the act and cost of returning the goods to us which must arrive with us within 14 days of the Returns Number being issued. Once received the goods will be inspected. Provided the goods are returned in accordance with these terms and conditions, a refund of the purchase price of the goods will be issued to your debit/credit card within 30 days. The customer is responsible for the cost of return postage.
- Unwanted goods can only be returned provided:
- You have completed and submitted the Returns Request form and received a Returns Number.
- the goods are unused (not assembled, installed or connected to your mains supply),
- the goods are returned with all interior and exterior packaging intact,
- the goods are returned with all components and instructions,
- the goods are in a condition to be immediately resold.
- You must take reasonable care to ensure the goods cannot be damaged whilst in transit.
- Certain goods are exempt from Consumer Distance Selling Regulations which include items which have been manufactured to your bespoke specifications.
- Electrical Installation & the Law
- Products that require installation and connection directly to first fix mains supply are referred to as non portable lighting fixtures.
- Under changes made to Part P of the building regulations which govern the safety and certification of new and existing electrical installations, the fitting of non portable lighting fixtures may have to be carried out by an installer registered with an authorised Part P competent person scheme. You are strongly advised therefore to contact your Local Building Control Department to verify any requirements your installation may require under prevailing Building Regulations.
- Installing a non portable lighting fixture which requires certification under Part P of the current building regulations by an installer who is not qualified to issue the necessary certificate may invalidate the product warranty.
- Limitation of Liability
- The information contained in this website is for general information purposes only. The information is provided by After Dark Lighting and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- After Dark Lighting’s liability to you for any breach of contract or negligence (save and except our liability for negligence for death or personal injury) shall be limited to the price of the goods together with any expenses incurred by you in notifying us and returning the goods to us.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- Through this website you are able to link to other websites which are not under the control of After Dark Lighting. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Every effort is made to keep the website up and running smoothly. However, After Dark Lighting takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- Data Protection
- After Dark Lighting will take all reasonable care and precaution to ensure that all information submitted by you including order information and payment details are stored securely.
- After Dark Lighting do not accept liability (save and except for reasons of negligence by After Dark Lighting) for any loss incurred by you as a result of unauthorized access to any personal information you submit to us.
- Applicable Law & Jurisdiction
- These terms and conditions of sale are subject to English Law
- Any dispute arising from the contract will be under the jurisdiction of English courts
- Copyright Notice
- This website and its content is copyright of After Dark Lighting. - © After Dark Lighting. 2010. All rights reserved.
- Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only
- You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
- You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- Company Contact Details
After Dark Lighting
19-21 Babington Lane
Derby, DE1 1TA
Tel. 01332 367369
Fax. 01332 342302
e-mail [email protected]