Energy Efficient Lighting

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0208-540-8287

Novel Energy Lighting Ltd. Terms & Conditions of Online, Telephone, and Trade Account Sales:

1.  Interpretation

1.1 The definitions in this clause apply in the terms and conditions set out in this document:

you: the Purchaser

The Company: Novel Energy Lighting Ltd

Force Majeure Event: shall have the meaning given in clause 9.

Goods: the products that we are selling to you as set out in the Order.

Order: your order for the Goods.

Order Confirmation: shall have the meaning set out in clause 2.5.

Terms: the terms and conditions set out in this document.

writing: or written, includes e-mail.

1.2 Headings do not affect the interpretation of these terms.

2. Basis of sale

2.1 These Terms and the Order set out the whole agreement between you and The Company for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact The Company immediately. Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with The Company’s authorised employees and agents will be only be binding if recorded in writing. Please ensure that you read and understand these Terms before you submit the Order, because you will be bound by them once a contract comes into existence between you and The Company in accordance with clause 2.5.

2.2 Any drawings or advertising The Company issues, and any illustrations contained in The Company’s catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods they describe.

2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

2.4 The Order is an offer by you to enter into a binding contract, which The Company is free to accept or decline at it’s absolute discretion.

2.5 These Terms shall become binding on you and The Company when:

(a) The Company issues you with written acceptance of an Order (Order Confirmation); or

(b) The Company notifies you that the Goods are ready,

whichever is the earlier, at which point a contract shall come into existence between you and The Company.

2.6 The Company shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence relating to the Order.

2.7 You may at any time before agreed delivery date OR within 10 calendar days of placing an Order amend or cancel an Order by providing The Company with written notice (by letter or email to the address in Clause 11). If you amend or cancel an Order, your liability to The Company shall be limited to payment to us of all costs The Company reasonably incurred in fulfilling the Order until The Company received your amendment or cancellation, except that where the amendment or cancellation results from The Company’s failure to comply with these Terms you shall have no liability to The Company for it.

(a) If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to The Company at your own cost. The Goods must be returned to the address shown in Clause 11. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.

(b) Once you have notified The Company that you are cancelling the contract, The Company will refund or credit you within 30 days for any sum that has been paid by you or debited from your credit card for the Goods.

(c) If you do not return the Goods as required, The Company may charge you a sum not exceeding the direct costs of recovering the Goods.

2.8 The Company has the right to revise and amend these Terms from time to time to reflect changes in market conditions, technology, payment methods, and legal requirements. You will be subject to the policies and terms in force at the time that you order the Goods from The Company, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that The Company has not yet fulfilled).

2.9 Disposal or recycling of old unwanted electrical and electronic goods, see the WEEE page here

3. Warranty on Goods

3.1 The Company warrants that on delivery and for a period as stated on the product listing in question from the date of delivery, the Goods shall: conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements or any other documents; be of satisfactory quality; be fit for any purpose The Company says the Goods are fit for; be free from material defects in design, material and workmanship; and comply with all applicable statutory and regulatory requirements for selling the Goods in the UK.

3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.

3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that The Company does not recommend, your failure to follow The Company’s instructions, or any alteration or repair you carry out without The Company’s prior written approval.

3.4 The Company will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.

3.5 These Terms apply to any repaired or replacement Goods The Company supplies to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.

4. Defective goods and returns

4.1 In the unlikely event that the Goods do not conform with these Terms, please let The Company know within 3 days after delivery. The Company will ask you to return the Goods to us at The Company’s cost (refunded at second class postage rates only) and once The Company has checked that the Goods are faulty, The Company will: replace the Goods; repair the Goods; or refund the Goods. Products will be replaced with the like-for-like current model of the day if the original model is no longer available.

4.2 These Terms will apply to any repaired or replacement Goods The Company supplies to you.

4.3 If you are unhappy with the Goods for reasons of fitness for purpose, non-clearance lamps and bulbs may be returned to The Company at any time up to 14 days from receipt. You are responsible for return shipping. A full credit will be raised (less the cost of any shipping if originally dispatched free of charge) provided that the Goods arrive unused and undamaged in original packaging and re-saleable (new) condition. Return shipped Goods should be wrapped carefully in multiple layers of bubble to ensure safe transit. Refunds will not be provided where the product or original manufacturer packaging is aesthetically damaged (e.g. scratches on products, or crumpled or water stained boxes etc). 

Fittings, luminaires, columns, sundries, and clearance lamps are non-refundable, unless written confirmation is received from us, in which case a 25% restocking fee applies.

5. Delivery

5.1 The Company will deliver Goods to you within 6 to 8 working days of date stated in the Order.

5.2 Delivery of the Order shall be completed when The Company delivers the Goods to you. Damages must be reported within 72hrs of delivery. The Company reserves the right to replace or refund Goods reported as damaged where they are reported within 72hrs of delivery.

5.3 The Company will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. The Company will let you know if it becomes aware of an unexpected delay and will arrange a new delivery date with you. Please allow extra time for deliveries to Highlands or Channel Islands.

5.4 If you fail to take delivery of an Order within 5 calendar days of the date of attempted delivery, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control: The Company will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and or redelivery. The Company shall have no liability to you for late delivery.

5.5 If you have not taken delivery of the Goods within four weeks of attempted delivery, The Company may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.

5.6 If The Company is not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, it will deliver the order in instalments. The Company will not charge you extra delivery costs for this. If you ask The Company to deliver the Order in instalments, it may charge you extra delivery costs. Each instalment shall constitute a separate contract. If The Company is late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

6. Title and risk

6.1 The Goods will be your responsibility from the time of delivery. Ownership of the Goods will only pass to you when The Company receives payment in full of all sums due for the Goods, including delivery charges.

7. Price and payment

7.1 The price of the Goods and Delivery will be as set out in the Order, including VAT. Prices and VAT rate are liable to change at any time, but such changes will not affect Orders that The Company has confirmed in writing.

7.2 Payment for all Goods must be made in advance by credit, debit card, or Paypal. We accept payment with Visa Credit, Visa Debit, Mastercard, Maestro, and American Express. Trade payments may be made through BACS bank transfer. 

8. Limitation of liability

8.1 Save as may be expressly provided for herein The Company shall not be liable for any consequential loss suffered by you, and in particular The Company shall not be liable for any costs, claims or damages or expenses arising out of any tortious act or omission or any breach of contract or statutory duty calculated by reference to profits income production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.

9. Force Majeure

9.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside The Company’s reasonable control (Force Majeure Event), including in particular (without limitation) the following: industrial action, civil commotion, riot, invasion, terrorist attack or threat, war, fire, explosion, natural disasters, impossibility of the use of transport systems, impossibility of the use of telecommunications systems.

9.2 The Company’s obligations under these Terms are suspended for the period that the Force Majeure Event continues, and The Company will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

10. Assignment

You may not transfer any of your rights or obligations under these Terms to another person without The Company’s prior written consent, which will not be withheld unreasonably. The Company can transfer all or any of its rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

11. Notices

All notices sent by you to The Company must be sent to Novel Energy Lighting Ltd. at 20 Lime Kiln Road, Horsham, RH13 6JH or by e-mail to sales@novelenergylighting.com. The Company may give notice to you at either the e-mail or postal address you provide in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter.

12. General

12.1 If any provision or term is deemed invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

12.2 No waiver by The Company of any of these Terms shall be effective unless The Company expressly says that it is a waiver and tells you so in writing.

12.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

12.4 These Terms shall be governed by English law and both parties agree to the non-exclusive jurisdiction of the English courts.