Terms & Conditions
TERMS
BACKGROUND:
This agreement applies between the user of this website and Totalight Limited, the owner(s) of this website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Goods” means any products that Totalight Limited advertises and / or makes available for sale through this Web Site;
“Service” means collectively any online facilities, tools, services or information that Totalight Limited makes available through the Web Site either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business located at P O Box 1110, Cheltenham, Glos, GL50 9PL, UK ;
“System” means any online communications infrastructure that Totalight Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Totalight Limited and acting in the course of their employment; “Web Site” means the website that you are currently using (www.totalight.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside Totalight Limited’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Totalight Limited is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Totalight Limited cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Totalight Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Totalight Limited.
6. Third Party Intellectual Property
6.3 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.4 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Totalight Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.totalight.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Totalight Limited. To find out more please contact us by email at info@totalight.co.uk or Totalight Ltd, PO Box 1110, Cheltenham, Gl50 9PL, UK;
10. Use of Communications Facilities
10.5 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
10.5.1 You must not use obscene or vulgar language;
10.5.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.5.3 You must not submit Content that is intended to promote or incite violence;
10.5.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.5.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
10.5.6 You must not impersonate other people, particularly employees and representatives of Totalight Limited or our affiliates; and
10.5.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.6 You acknowledge that Totalight Limited reserves the right to monitor any and all communications made to us or using our System.
11. Accounts
11.7 In order to purchase Goods on this Web Site and to use the website’s facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
11.7.8 all information you submit is accurate and truthful;
11.7.9 you have permission to submit Payment Information where permission may be required; and
11.7.10 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
11.8 It is recommended that you do not share your Account details, particularly your username and password. Totalight Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.9 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Totalight Limited immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Totalight Limited accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.10 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation
12.11 Either Totalight Limited or you may terminate your Account. If Totalight Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.12 If Totalight Limited terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.13 Totalight Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.14 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.15 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
13. Goods, Pricing and Availability
13.16 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Totalight Limited correspond to the actual Goods, Totalight Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.17 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.18 Totalight Limited does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site
13.19 All pricing information on the Web Site is correct at the time of going online. Totalight Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.20 In the event that prices are changed during the period between an order being placed for Goods and Totalight Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.21 All prices on the Web Site do include VAT. Totalight Limited’s VAT number is 978 5657 44.
13.22 The price of the Goods at the time of purchase, are for the Goods only and do not include any payment for the guarantee, which is free.
14. Privacy
Use of the Web Site is also governed by our http://www.totalight.co.uk/
15. Disclaimers
15.24 Totalight Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
15.25 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.26 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16. Changes to the Service and these Terms and Conditions
Totalight Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Totalight Limited is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Bulbs4life Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18. Limitation of Liability
18.27 To the maximum extent permitted by law, Totalight Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
18.28 Nothing in these Terms and Conditions excludes or restricts Totalight Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Totalight Limited.
18.29 Nothing in these Terms and Conditions excludes or restricts Totalight Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
18.30 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
19. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@totalight.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
22. Law and Jurisdiction
These terms and conditions and the relationship between you and Totalight Limited shall be governed by and construed in accordance with the Law of England and Wales and Totalight Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
General Delivery Information
Please find below our delivery charges
All damages must be reported within 48 hours without exception by contact our customer care department on 0333 200 5800 or by emailing on sales@totalight.co.uk
Deliveries are normally arrive between the hours of 9am to 5pm Monday to Friday.
Despatch of your goods will occur only after satisfactory authorisation of payment
Delivery times are usually 7 days for stocked items or 14 days for non stock, subject to availability. This will be confirmed to you by email once an online order has been received.
Delivery of Goods
All of our goods have an individual estimated delivery time specified on the details page for each product, and we try to ensure your items are received within this time.
If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.
Please call for availability before ordering if you have already booked an electrician to fit your lights. All deliveries will be sent by courier, excluding deliveries direct from manufacturers. Deliveries exclude Saturday and Sunday and any UK Public Holiday, timed deliveries will commence during the next possible working day. A signature will be required to acknowledge delivery. The signature of the person accepting delivery at the delivery address will be proof that you have received the delivery.
Claims for damages and or shortages have to be made within 48 hours of receipt of your delivery without exception by contact our customer care department on 03332 005800 or by emailing on sales@totalight.com Any claims for damages and or shortages made after 48 hours of your delivery arriving will be refused. The time and date of your delivery is recorded with our carriers..uk
If Totalight Limited receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Please keep all the packaging from your delivery in a safe and dry place, just in case you need to return any part of your order to us.
Returns & Refund Policy
Your satisfaction is our first priority. If you need to return your goods or part of your order, you must go to our website and fill out the returns form contact our customer care department on 03332 005800 so we can issue you with a returns authorisation number.
If you are not completely satisfied with your purchase for any reason, you can return it yourself within 7 days of receipt and we will be happy to refund the original price of the item, as long as it arrives to us in a saleable condition, unused, in the original packaging and box.
We regret that postage, packing and insurance are direct costs and cannot be refunded.
You are responsible for any returned goods until they reach our warehouse, therefore we strongly advise the items being returned are packed in the same manner you received them with protective packaging. Returned goods without any protective packaging is not sufficient and will not be refunded.
Please note your right to return items does not apply on products made to order as per our Distance Selling Exclusions at the bottom of this page.
This provision does not affect your statutory rights (relating to faulty or misdescribed goods or your right to cancel orders under the consumer Protection (Distance Selling) regulations, further details of which are available from your local Trading Standards Department or Citizens Advice Bureau.
To return an item for a refund, please use a reputable Delivery service.
To return goods for any reason you must contact our customer care department on 03332 005800 or by emailing sales@totalight.co.uk so we can issue you with a returns authorisation number.
Please Note: Goods returned must be returned in the original condition and packaging.
Goods returned are at the expense of the consumer by registered means to the address below.
Customer Care Department:
Totalight Ltd
PO Box 1110, Cheltenham, GL50 9PL, UK
Please mark your order number on the box.
Faulty Goods
If the goods are found to be faulty within the warranty period, and require a replacement or part of, please email us or write to us immediately so we can contact the manufacturer to make suitable arrangements. The manufacturer will need to test your product to confirm the item is faulty, please return the goods using the same procedure as our returns policy, after satisfactory test results are received from the manufacturer we will either send you a replacement item or the item repaired, you may be entitled to a refund for your shipping cost up to a maximum of £5.50.
In the event of free goods with any order being faulty, such as bulbs, we are unable to offer a refund, exchange or return. Lamp life may vary depending on your electricity supply, areas of high fluctuation could considerably affect the life of your lamp. All our products are quality checked electrically tested and visually check to ensure quality control.
In the event of faulty goods or missing items Totalight limited will in no way be liable for any related expenses such as electrician's fees, loss of earning etc.
Cancellation
If you wish to cancel before the items are despatched, you are asked to contact us by telephone or e-mail as soon as practicably possible. If however your cancellation is received after the items have been despatched please return the item/s as detailed in our returns section. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Totalight limited. You are responsible for paying shipment costs if Goods are returned for this reason.
Please note your right to cancel or return products does not apply on products made to order as per our Distance Selling Exclusions marked below.
Distance Selling Regulations
If the Customer is buying as a consumer, as defined in The Consumer Protection (Distance Selling) Regulations 2000, the Goods may be returned within 7 working days (excluding Saturday and Sunday and any UK Bank Holiday) of delivery for a full refund of the products. To cancel an order, the Customer must notify Totalight limited in writing or by email within the 7 day period.
Installation
We recommend all products supplied by Totalight limited are installed by a qualified electrician
All products must be earthed where necessary.
All supplies must always be isolated prior to installation.
Please note: incorrect installation can deem warranty void. (See warranty).
Totalight limited will accept no liability for any personal damages such as electrocution due to improper installation.
Your statutory rights Totalight guarantee are not affected.
Warranty
All products carry a 1 year return to base warranty.
In the event of a fault occurring the product will be repaired or replaced according to the nature of the fault.
The warranty applies to electrical components only and is void if deemed that the product has been incorrectly fitted or suffered abuse in a manner not intended for the purpose supplied.
Distance Selling Exclusions
There are some products within our collections which may not be returned if a request has been made to personalise the item in any way, making it different from the standard product shown. Products of this nature are excluded from return or cancellation as they are "made to order" according to the allowed exclusions within the Distance Selling Regulations.
We will make every effort to contact you to remind you of this exclusion once we receive your order.
With this in mind, these items are not covered under the Distance Selling Regulations and Totalight reserve the right to refuse cancellation or refund of items within this scope.
If you have any questions/comments about Delivery, please do not hesitate to contact Customer care Department by e-mail or telephone.