TERMS AND CONDITIONS OF SALE
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Interpretation
2.1 In these terms and conditions:
(a) “we” means Island Light and
(b) “you” means our customer or prospective customer,
and “us”, “our” and ““your” should be construed accordingly.
3. Order process
All customers must be over the ages 18 and will need to present ID on delivery.
3.1 The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; where you will select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by reviewing order during the checkout process also you may contact us prior to order being dispatched.
4. Products
4.1 We may periodically change the products available on our website, and we do not undertake to continue to supply any product or type of product.
5. Prices
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.4 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
5.5. Payments
6. You must, during the checkout process, pay the prices of the products you order.
6.1 Payments may be made by [any of the permitted methods specified on our website from time to time].
6.2 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7 days] following the date of our written request:
(a) an amount equal to the amount of the charge-back.
(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of [GBP 25.00 including VAT]; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.2 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.
6.3 Deliveries
6.4 Our policies and procedures relating to the delivery of products are set out [in this Section 7] OR [in our delivery policy document].
6.5 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.
7. We will use reasonable endeavors to deliver your products on or before the date for delivery set out in the order confirmation or, however, we do not guarantee delivery by this date.
7.1 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within [4] days following the later of receipt of payment and the date of the order confirmation.
7.2 We will only deliver products [to addresses in the UK]. Also, will consider international with prior request.
7.3 Collections
7.4 We offer a free collection service to our Leeds customers. Please specify if there is a specific date and time you would like your collection day to be on. We will notify you if we can meet those terms and provide you with the address in a confirmation email or text.
8. Limitations and exclusions of liability
8.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence.
(b) limit or exclude any liability for fraud or fraudulent misrepresentation.
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:
(a) are subject to Section 8.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
8.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.4 We may cancel an order under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
9. Scope
9.1 These terms and conditions shall not constitute or effect any assignment or license of any intellectual property rights.
9.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
9.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
10. Variation
10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11. Entire agreement
11.1 Subject to Section 10.1, these terms, and conditions [, together with [our delivery policy and our returns policy] Island Light] shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.
12. Law and jurisdiction
12.1 These terms and conditions shall be governed by and construed in accordance with [English law].
12.2 Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].
13. Statutory and regulatory disclosures
13.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
13.2 These terms and conditions are available in [the English language only].
14. Our details
14.1 This website is owned and operated by (Island Light)
14.2 You can contact us: +447494396440
(b) [using our website contact form];
or
(d) by email, using islandlight03@gmail.com