Terms & Conditions, and Privacy Policy

 

Private Customer - Where the buyer is a private indiviual

1. DEFINITIONS AND EXPLANATIONS

1.1 the postal address of LampsDirect.co.uk is: Kicktek Limited T/A LampsDirect, 1 The Galloway Centre, Express Way, Newbury, Berkshire, RG14 5TL, United Kingdom

1.2 In these conditions:

"Buyer" means the person who accepts a quotation from the Seller for the sale of the goods or whose order for the Goods is accepted by the seller.
"Conditions" means the standard terms and a condition of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;
"Contract" means the contract for the purchase of the sale of the Goods;
"Goods" means the Goods (including any instalment of the Goods or any parts for them), which the Seller is to supply in accordance with these conditions;
"The Product" means any item supplied by the seller as part of the Goods.
"Seller" means LampsDirect.co.uk who is supplying the goods;
"Writing" includes facsimile and electronic transmission and comparable means of communication.
"Late Payment Act" means the Late Payment of Commercial Debts (interest) Act 1998 and all statuary instruments implementing this act

1.3 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time

1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. BASIS OF THE SALE

2.1 No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and or Seller.

2.2 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the seller.

2.3 All industrial or intellectual property rights of any nature whatsoever remain vested in the Seller at all times.

3. ORDERS

3.1 All orders are subject to availability of the goods and to written acceptance by LampsDirect.co.uk's authorised representative. Any prior confirmation by LampsDirect.co.uk by telephone, facsimile or other media shall be deemed to be provisional only.

3.2 Any quotation submitted by the Seller is an invitation to treat, not an offer. The placing of an order by the Buyer in writing shall constitute an offer and a contract shall be effected if and when such offer is accepted by LampsDirect.co.uk and not at any earlier time. LampsDirect.co.uk will only accept offers subject to these conditions of business.

4. PRICE OF THE GOODS

4.1 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, alteration of duties, increases influenced by the manufacturers of the goods), any change in delivery dates, quantities or specifications for the goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer to give the Seller adequate information or instructions. If the Buyer is acting as a "Consumer", as defined by the Unfair Terms of Consumer Contract regulations 1989, the Buyer may within 7 days of receipt of such notice cancel the contract.

4.2 Catalogues, price lists and other advertising literature or material as used by the Seller are intended only as an indication to the price and range of goods offered and no prices, descriptions or other particulars contained therein shall be binding on LampsDirect.co.uk.

5.MANUFACTURER SPECIFICATIONS

5.1 LampsDirect.co.uk will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the Manufacturer's specifications or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation. LampsDirect.co.uk will endeavour to advise the customer of any such impending variation as soon as it receives notice thereof the Manufacturer.

6. TERMS OF PAYMENT

6.1 Invoices will be raised and dated by LampsDirect.co.uk on the date of dispatch of the Goods. Unless otherwise specifically requested and agreed, invoices will be payable by the Buyer by the date of the invoice.

6.2 If the Buyer fails to make payment on the due date then, without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to:

6.2.1 Cancel the contract or suspend any further deliveries to the Buyer;

6.2.2 Appropriate any payment made by the Buyer to such of the Goods (or the Goods supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation of the Buyer); and

6.2.3 Charge the Buyer interest (both before and after any judgment) on the amount unpaid, pursuant to the Late Payment Act if applicable, or if not applicable at the rate of 4% per annum above Barclays Bank PLC base rate from time to time, until payment in full is made (a part of the month being treated as a full month for the purpose of calculating interest).

7. DELIVERY

7.1 LampsDirect.co.uk reserves the right to levy a charge for delivery to any destination advised by the Buyer.

7.2 Any dates quoted for delivery of the goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.

7.3 If delivery is delayed by industrial dispute or any circumstances beyond the Seller's control then the periods for delivery shall be extended by such a period as is reasonable in the circumstance. Should any delay continue for a period of 6 months then, unless the parties agree to the contrary, the contact shall be deemed to be terminated without any claim for compensation against the seller.

8. FORCE MAJEURE

8.1 LampsDirect.co.uk shall not be liable for the cancellation by it of any order or any unfulfilled part thereof or for effecting partial delivery or performance if performance by LampsDirect.co.uk is prevented or delayed whether directly or indirectly by any cause whatsoever beyond the reasonable control of LampsDirect.co.uk whether such cause existed or was foreseeable at the date of acceptance of the customer's order by LampsDirect.co.uk or not and without prejudice to the generality of the foregoing any cause shall be deemed to prevent, hinder or delay LampsDirect.co.uk if LampsDirect.co.uk is thereby prevented, hindered or delayed from fulfilling other similar commitments whether to the customer or to third parties.

9. PASSING RISK AND PROPERTY

9.1 Risk of the Goods shall pass to the Customer on delivery.

9.2 Property in the Goods shall remain in LampsDirect.co.uk until payment in full therefore has been made by the Buyer.

9.3 If payment in full is not made in accordance with LampsDirect.co.uk's standard conditions of sale LampsDirect.co.uk may require the customer to return the goods forthwith at the customers own expense and if the requirement is not immediately complied with, the Seller shall be entitled at any time and without notice to retake the possession of the whole or any part of the Goods (and for that purpose to enter the premises occupied by the customer and sever the Goods from anything they are attached to without being responsible for any damage thereby caused) without prejudice to any other remedy that may be available to LampsDirect.co.uk.

10. WARRANTIES AND LIABILITIES

10.1 The Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller to the extent that the Seller is able to pass on such warranty or guarantee onto the Buyer.

10.2 Subject as expressively provided in these Conditions, all warranties, conditions or other terms implied by the statue of common law are excluded to the fullest extent permitted by law.

10.3 Where Goods are sold under a consumer transaction (as defined by the Sale of Goods Act 1979) the statuary rights of the Buyer are not affected by these conditions.

10.4 Any Claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification must be notified to the Seller within 3 days from the date of the delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.

11. INDEMNITY

11.1 The Seller shall in no event be held liable for direct, indirect, or consequent damages, including but not limited to damage to the projector of the Buyer, the loss of data, and damages caused by loss of data.

11.2 The Seller shall not be held accountable for any losses incurred by the Buyer as a result of negligence or other tortuous act by the Seller, its agents, employees or suppliers.

12. RETURNS

12.1 Returns must be made subject to the following;

12.1.1 Prior authority having being obtained from LampsDirect.co.uk. which will be given at LampsDirect.co.uk sole discretion.

12.1.2 Notice must be given within 7 days of the date of the invoice.

12.1.3 The Goods must be in their original packaging and properly packed.

12.1.4 The Goods must be in a saleable condition.

12.2 If the Seller nevertheless agrees to accept any Goods returned that are not in a saleable condition, LampsDirect.co.uk. reserves the right to charge the cost to the Buyer of bringing the products into a saleable condition.

12.3 If you are a consumer then you have the right, in addition to other rights, to cancel the contract and receive a refund so long as notice is given in writing, including facsimile or email. The product must be complete, unused and in an "as new" condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging in any way). You must inform the Seller in writing quoting your invoice number, within 7 working days starting the day after the Goods are delivered to the Buyer. The Buyer will be responsible for returning the Goods at the Buyers cost. Should the Buyer wish to return the Goods then it is advisable that the Buyer adequately insure against loss or damage whilst in transit. The product packaging must be protected against further wear or tear that may be caused in return transit. The Seller reserves the right to charge for re-packaging of the product or any other costs incurred in returning the product to its original condition when despatched to the Buyer.

13. RIGHT OF WITHDRAWAL

13.1 Right of Withdrawal The Customer may freely withdraw from the sale and purchase agreement within a period of seven working days following the date on which it receives the Product, or within a longer period where offered. The date shown on the receipt acknowledging delivery shall serve for the purposes of calculating this seven-day period.
Exercise of the right of withdrawal shall not be subject to any kind of formality and may be accredited in any manner permitted in law.

14. GENERAL

14.1 The waiver by LampsDirect.co.uk of any breach of any term hereunder shall not prevent the subsequent enforcement of that term, and shall not be deemed a waiver of any subsequent breach.

 

 

Business Terms & Conditions - Where the buyer is a Business

1. Definitions

1.1

'Business Customer' means a legal entity (otherwise referred to as 'you') who enters into a Contract with us to buy Goods or Services other than for private use.

1.2

'Contract' means any contract between you and us for the sale and purchase of Goods or Services, incorporating these Terms.

1.3

'Goods' means any goods agreed in the Contract to be supplied to you by us (including any part or parts of them).

1.4

'Normal Working Hours' means 9am to 5pm on a Working Day.

1.5

'Order' means an order for Goods or Services made by you in accordance with these Terms.

1.6

'Order Confirmation' means our written acceptance of your Order.

1.7

'Services' means services and support provided by us to you.

1.8

'Software' means computer program(s) and associated documentation.

1.9

'Working Day' means Monday to Friday, excluding Bank or other Public holidays.

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 will send you an Order Acknowledgement on receipt of your Order. This is not an order confirmation or order acceptance by us.

2.3

We will accept your offer and create a Contract with you by sending to you an Order Confirmation once we have confirmed availability of the Goods or Services, verified your credit or debit card or payment details as necessary and prepared the Goods for dispatch. We reserve the right to obtain validation of your payment details before providing you with any Goods or Services.

2.4

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.

2.5

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.

2.6

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.

2.7

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.

2.8

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.

2.9

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 which have been produced to your specific requirements.

2.10

Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.

3. Prices and 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.

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 3% 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 cash, cheque, Visa, MasterCard, Maestro, American Express, PayPal. All Orders for Goods to be delivered to the Republic of Ireland must be paid in advance by Mastercard, PayPal, or Visa only.

4. Delivery, Title and Risk

4.1

We shall use reasonable endeavours to despatch 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 30 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 (in cash or 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 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 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 or refuse delivery of the Goods.

4.13

We shall not be liable for discrepancies or damage evident on delivery where you accept delivery and sign the Proof of Delivery without amendment.

4.14

You may request a Proof of Delivery, provided that this request is made within 30 days of the dispatch confirmation and we shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.

4.15

You should 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. If you need to return any Goods, then please see our Returns policy below.

5. Returns and 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 will 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 please send such items to: LampsDirect.co.uk Returns (Kicktek), 1 The Galloway Centre, Express Way, Newbury, RG14 5TL.

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 LAMPSDIRECT.CO.UK’s 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 LAMPSDIRECT.CO.UK 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. As an example, due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel that is stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen.

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.

(d)

You should note that certain Goods have a reduced warranty period. In particular, Goods specified as ‘refurbished’ are only subject to a 3-month warranty from the date of delivery. Your statutory rights are not affected when you purchase such Goods.

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. Goods returned in these circumstances will be 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.

(c)

No Software on which seals have been broken can be returned for credit. If any Software discs are faulty, then you are advised to use the manufacturer’s warranty procedure. Please note Software Licences are non-returnable unless the Software is materially non-compliant with its specification or the physical media on which it is supplied is defective.

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 computer 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.

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 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 outside our control, 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.

8. Errors & Omissions

8.1

We make every effort to ensure that all prices and descriptions quoted in our catalogue 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 LAMPSDIRECT.CO.UK’s 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 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

LAMPSDIRECT.CO.UK 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

LAMPSDIRECT.CO.UK may share your information with selected third parties outside the Kicktek Ltd group, 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

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

Please note that we may record and monitor inbound and outbound calls and electronic traffic for training purposes.

10. Trade Names & Trade Marks

10.1

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.

10.2

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.

10.3

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. General Terms of Business

11.1

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.

11.2

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.

11.3

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

11.4

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.

11.5

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.

11.6

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.

11.7

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.

11.8

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 LampsDirect.co.uk, 1 The Galloway Centre, Express Way, Newbury, RG14 5TL

United Kingdom or by e-mail to sales@LampsDirect.co.uk.eu

11.9

Contact information for LampsDirect.co.uk, 1 The Galloway Centre, Express Way, Newbury, RG14 5TL

11.10

The registered office for Kicktek Limited is 1 The Galloway Centre, Express Way, Newbury, RG14 5TL. Registered in England with company number 08351255.

 

 

 

 

LAMPSDIRECT.CO.UK Limited Privacy Policy

By visiting the LAMPSDIRECT.CO.UK UK website or any other websites operated by LAMPSDIRECT.CO.UK UK or its affiliates (collectively, the "Site"), you agree to accept the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Each time you use the Site, you should check the date of this Privacy Policy (which appears above) and review any changes that have been made since your last visit to the Site.

Throughout LAMPSDIRECT.CO.UK years of operation, we have developed relationships with our customers based on respect and integrity. We're aware of the trust and confidence you demonstrate when you visit the Site and provide us with information. This Privacy Policy is posted to demonstrate our leadership in online security and customer service practices. We treat your information with the same honesty and sensitivity that we have displayed throughout our company's history.

 

1. Personal Information Collected By LAMPSDIRECT.CO.UK UK

LAMPSDIRECT.CO.UK uses information that we collect from our visitors and customers to improve your visit and shopping experience at the Site. We gather the following types of information:

Information You Give to Us

We Collect Personal Information that is provided by Site users. "Personal Information" includes your name, address, telephone number, credit or debit card information, e-mail address, IP address. Personal Information is collected when you establish an account with us, place an order on the Site, or when you communicate with any of our departments such as customer service, sales or technical services through the Site, telephone, mail or fax. In some instances, we may obtain other people’s names and email addresses that you may choose to provide as part of our "email a friend" feature.

Tags

We (or service providers on our behalf) may collect information from visits to the Site through the use of "Tags." Tags are web page elements which may employ cookie technology that enable us to record data about visits to or transactions made on the Site. This information is sometimes known as "clickstream data." We may use this data to analyse trends and statistics to improve your online experience or our customer service. No Personal Information is collected through the use of Tags on the Site.

Cookies

This website uses the following types of cookies: session cookies, allowing us to “remember” content from page to page (these expire when you leave the website or close the browser); persistent cookies, which define the “Time To Live” and help us to determine your preferences (these will expire after the “Time To Live” period); and third party cookies, cookies from any other domain, such as recommended product and advertising services. Through the use of cookies, we may also collect and analyse the IP address used to connect your computer to the Internet; computer and connection information such as your browser type and version; operating system and platform; purchase history; confirmation when you open e-mail that we send you; and the URLs which lead you to and around the Site including the date and time. You can generally set your browser to reject cookies or to notify you when you are sent a cookie. Software is also available from third parties which will allow you to visit the Site without providing this information. You are welcome to use the Site if you use such software but we will not be able to offer you our personalised services and we will be unable to accept any online orders from you.

 

 

Orders

If you place an order through the Site, you will be required to provide contact, billing, and payment information.

 

Catalogue Requests and Email Newsletter Subscriptions

Upon placing an order through the Site, you may begin receiving both the LAMPSDIRECT.CO.UK catalogue and the LAMPSDIRECT.CO.UK email newsletter, based on the Personal Information you have provided, unless you opt-out of receiving such communications. If you request an email newsletter subscription, we will send you an email confirming your request. This confirmation process allows you to unsubscribe if you change your mind and decide not to join the list. Furthermore, the confirmation email will alert you if someone else has entered your email address into our email newsletter subscription list. In order to make our email newsletters more relevant and useful to you, our servers may receive a confirmation when you open an email message from LAMPSDIRECT.CO.UK.

 

Storage of concluded contracts

The contract's content will be stored. You may store the terms and readily look them up. For safety reasons your order's data are not available via internet. We keep these data in confidence according to our privacy policy.

 

2. Use of Information Collected By Us

 

We use this information in an effort to improve your experience on the Site, to provide services to you and to communicate with you about information that you request. We may also use this information to help us target specific offers to you, to help us develop and improve our Site, and to tailor our Site to your interests.

 

We may also contact you with relevant promotional material when you do not complete your purchase with us. You can opt out of this service at any time, by clicking on the unsubscribe link in any marketing email that you receive from us, or by sending an email to sales@LAMPSDIRECT.CO.UK.com

 

3. Sharing of Information with Third Parties

 

We will not rent, sell or otherwise disclose your Personal Information to unrelated third parties without your consent, except as stated in this Privacy Policy.

 

Service Providers

We may employ other companies or individuals to provide certain services to or on behalf of us such as analysing customer lists and data, or performing marketing or consulting services. These third parties ("Service Providers") will only have access to the information needed to perform these limited functions on our behalf and are required to provide your Personal Information with at least the same level of protection and security as we use on the Site. Such Service Providers are prohibited from using your Personal Information for any purpose other than that for which such party was engaged by us and/or as stated in this Privacy Policy. Any Service Providers that use data received from us may only do so in accordance with this Privacy Policy.

 

Credit Card Companies

If you place an order through the Site, the Personal Information you provide is transmitted to your credit card company to verify and authorize your purchase. At certain times we may offer financing options with or without third party participation. If you use a financing option, information provided by you (such as your address, birth date, social security number, and credit card number) may be used to request a credit report from third parties or may be sent to a third party for processing.

 

Third Party Partners

From time to time we might establish a business relationship with other third parties whom we believe are trustworthy. In such cases we might exchange, share and/or cross-reference information, including your name and postal mailing address, telephone number(s) and e-mail addresses that will enable such third parties to contact you regarding similar products and services that may be of interest to you.

 

Related Companies

We may share your postal and e-mail address, telephone number(s), customer preferences, and purchase history with our parent company Systemax Inc. or its subsidiaries. We will never share any credit card information which you have given to us with any of these related companies.

 

Aggregate Information

We provide aggregate information to some of our business partners. This information is used in a collective manner and does not identify you individually in any way. We collect and share aggregate information in order to know more about the general profile of our customers so that we can improve your shopping experience.

 

Carrier Partners

If you make a purchase through the Site, your name, telephone number and shipping information must be provided to third party shippers to deliver your purchase. There also may be instances in which we drop-ship orders directly to you from one of our manufacturers or suppliers. These drop-shippers are only given your name, postal address, and telephone number for the sole purpose of fulfilling your order.

 

Third Party Transaction-Level Data

If you visit the Site from a third-party website the third-party website may be able to access select information from your individual transaction information. In order to track and credit your transaction the third-party website may give you a unique code, cookie or graphic which will uniquely identify you. This will only happen if you link directly from a third party website to the Site. Any transactions made at the Site while such a code is active will be reported back to the third party website. We will only report non-Personal Information to these websites such as the date of the transaction, the product(s) purchased and the amount spent. We will not report any information to these third party websites that will allow them to personally identify you. The presence of a third party navigation bar at the top of any page on the Site is an indication that the third party website may be able to see your activity on the Site.

 

Links to Third Party Site

The Site contains certain links to third party websites, such as our vendors. We are not responsible or liable for the privacy practices or content found on these websites. We recommend that you check the privacy policy of each website you visit. Links to third party websites are provided solely for your convenience and any submission of data to such websites shall be at your sole risk.

 

Law Enforcement and Protection of Users

To the extent permitted by law, we will disclose Personal Information to government authorities or third parties pursuant to a legal request, subpoena or other legal process. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud or protect our rights or property as well as those of our affiliates, customers, or its users. You should be aware that, following disclosure to any third party, your Personal Information may be accessible by others to the extent permitted or required by applicable law.

 

4. Affiliate Programs

 

We maintain relationships with third party affiliate websites. Although we do not and cannot control the activities of the third parties that operate such websites, we will cease doing business with any affiliate that engages in abusive practices, including, for example, spam, trademark infringement, predatory means of attracting visitors, or unlawful activities. To report abuse by an affiliate, please contact our Affiliate Manager via email at affiliate@LampsDirect.co.uk.eu.

 

5. Security

 

We employ 128-bit encryption technology in all areas of the Site which require you to provide your personal or account information, including those areas related to online ordering, order status, catalogue request and contest forms. The Site utilizes industry-standard firewalls and Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive Personal Information, such as your name, address and credit card number.

 

You should recognise, however, that no computer system is fully secure and that there are inherent risks associated with Internet transactions. To make sure you have the latest security features on your browser, you may want to download the most recent version of your favourite browser, which should have full SSL support.

 

6. Corrections/Information Removal/Opt-Out

 

If your name, e-mail or postal address, telephone number or other Personal Information changes, you may update, correct or omit the relevant information in “My Account”, by contacting us at sales@LampsDirect.co.uk.eu.com, or by sending a letter to: LampsDirect.co.uk, 1 The Galloway Centre, Express Way, Newbury, RG14 5TL. In addition, if you no longer wish to receive communications from us you may opt-out by emailing us at sales@LAMPSDIRECT.CO.UK.com, sending a letter to: LampsDirect.co.uk, 1 The Galloway Centre, Express Way, Newbury, RG14 5TL or by clicking on the unsubscribe link within any marketing e-mail you receive from us.

 

7. Contact Information

 

If you have any questions or concerns about this Privacy Policy, please e-mail us at sales@LampsDirect.co.uk

 

8. Business Transfer

LAMPSDIRECT.CO.UK is a trading division of Kicktek Limited, however, in the event that Kicktek Limited is sold, has its assets acquired or transferred, whether voluntarily or involuntarily, or merges or becomes affiliated with any other division, individual or entity, any customer information owned or under the control of Kicktek Limited may be one of the transferred assets. We reserve the right, as part of such transaction, to transfer or assign the Personal Information and aggregate information we have collected from users of the Site.

9. Limitations on Liability

 

IN NO EVENT WILL LAMPSDIRECT.CO.UK OR ITS PARENT, AFFILIATES, LICENSEES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR ITS PRODUCTS OR SERVICES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE). THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF GLOBAL INDUSTRIAL OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.