(Updated July 2019)
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website liht.uk (our site) to you.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Please tick the box marked “I agree to the Heathfield LED Terms and Conditions” at the end of ordering process if you accept them. Please understand that if you refuse to accept these terms and conditions you will not be able to order any Products from our site.
1. Information about us
1.1. This website is operated by Heathfield LED (referred to as “Heathfield LED/we/our/us”).
- Read through these terms and conditions carefully before using this website.
- Print a copy for future reference.
2. Your status
By placing an order through our site, you warrant that:
2.1. You are legally capable of entering into binding contracts;
2.2. You are at least 18 years old.
3. How the contract is formed between you and us
3.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (the Acceptance Confirmation) The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.
3.2. The Contract will relate only to those Products we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Acceptance Confirmation.
3.3. Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Products they relate to. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Products.
4. Consumer rights
4.1. If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days beginning on the day you receive the Products, for non-clearance stock only. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy as set out in clause 9 below.
4.2. To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
4.3. Details of this statutory right, and an explanation of how to exercise it, are provided in the Acceptance Confirmation. This provision does not affect your statutory rights.
4.4. If you would like further information about your legal rights, please contact your local Trading Standards Department or Citizen Advice Bureau.
5. Availability and delivery
5.1. Your order will be fulfilled by the delivery date set out in the Acceptance Confirmation or, if no delivery date is specified, then within 6 to 8 working days of the date of the Acceptance Confirmation, unless there are exceptional circumstances.
5.2. Delivery will be made to the address specified in your order. Should you wish to change the delivery address after your order has been dispatched from us, a charge of £10 will be made (a redirection approval is subject to your order and account status).
5.3. There will be no delivery until cleared funds have been received.
5.4. We will take reasonable steps to meet the delivery date set out on the Acceptance Confirmation or as otherwise agreed between us. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become 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.
5.5. 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: we will store the Products until delivery takes place and may charge you a reasonable sum to cover expenses and or redelivery. We shall have no liability to you for late delivery.
5.6. If you have not taken delivery of the Products within four weeks of attempted delivery, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Products or charge you for any shortfall below their price.
5.7. If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
6. Risk and title
6.1. The Products will be at your risk from the time of delivery.
6.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. Price and payment
7.1. The price of any Products will be as quoted on our site and at the time of your order, except in cases of obvious error.
7.2. These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information
7.3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.
7.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or decline your order and notify you of such rejection.
7.5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Acceptance Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
7.6. Payment for all Products must be by credit, debit card or PayPal. We accept payment with Visa, Visa Electron, Mastercard, Maestro, Solo and Paypal. We shall not despatch any Products until we receive cleared funds. No payment shall be deemed to have been received until we have received cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right to not ship to unconfirmed addresses. For custom project orders payment may be made through BACS transfer.
7.7. Your credit/debit card details will be encrypted by us to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or e-mail. We will charge you an administration fee of £5 each time your bank is unable to process your payment.
8. Product Warranty
8.1. We warrant that on delivery, and for a period of 12 months or as otherwise stated from the date of delivery, the Products shall:
8.1.1. Conform in all material respects with their description subject to any qualification or representation contained in our brochures, advertisements or any other documents;
8.1.2. Be of satisfactory quality;
8.1.3. Be fit for any purpose we say the Products are fit for;
8.1.4. Be free from material defects in design, material and workmanship; and
8.1.5. Comply with all applicable statutory and regulatory requirements for selling the Products in the UK.
8.2. This warranty is in addition to your legal rights in relation to Products 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.
8.3. This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Products in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
8.4. We will take reasonable steps to pack the Products properly and to ensure that you receive your order in good condition.
8.5. These Terms apply to any repaired or replacement Products we supply to you.
9. Our returns and refunds policy
9.1. If you have cancelled the Contract between within the fourteen-day cooling-off period (see clause 4.1. above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation, provided the Products have been returned to us in the same condition as delivery. In this case, we will refund only the price of the Products in full (less the cost of any shipping if originally dispatched free of charge). You will be responsible for the cost of returning the item to us. We recommend that all items be returned via a recorded delivery method, as we will not be liable for any damage or loss whilst in transit.
9.1.1. Fittings, luminaires and sale clearance stock are non-refundable, unless written confirmation is received from us. We cannot accept discount clearance models back, unless they are faulty.
9.2. In the unlikely event that the Products do not conform with these Terms, or for any other reason, please inform us as soon as possible. We will ask you to return the Products to us at our cost (refunded at second class postage rates only), and once we have examined the Products notify you via e-mail if you are entitled to a repair, a replacement or a full or partial refund. We will process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product.
9.2.1. If you elect for a refund of Products returned by you because of a defect, it will be refunded as per our refunds policy, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you, and the cost incurred by returning the defective Product to us.
9.2.2. If you are entitled to a repair or replacement of a defective Product we will not charge you for redelivery of the repaired or replaced Product.
9.2.3. If you elect to return the defective Product to us using your own method of delivery, we will refund up to £3.50 of the costs incurred by you. This will only be refunded upon the receipt of proof of the carriage costs.
9.3. Returned shipped Products should be wrapped carefully 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).
9.4. These Terms will apply to any repaired or replacement Products we supply to you.
9.5. To return a Product for any other reason, see our Returns Policy http://liht.uk/returns-and-refunds/
9.6. Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and will be paid back into the same account.
10. Our liability
10.1. We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.
10.2. Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.
10.3. This does not include or limit in any way our liability:
10.3.1. For death or personal injury caused by our negligence;
10.3.2. Under section 2(3) of the Consumer Protection Act 1987;
10.3.3. For fraud or fraudulent misrepresentation;
10.3.4. For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us; or
10.3.5. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4. We are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of this Contract by us that would entitle you to terminate the Contract between us, including but not limited to:
10.4.1. Loss of income or revenue;
10.4.2. Loss of business;
10.4.3. Loss of profits or contracts;
10.4.4. Loss of anticipated savings;
10.4.5. Loss of data;
10.4.6. Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 10.5 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or any other claims for direct financial loss that are not excluded by any of clauses 10.5.1 to 10.5.5, inclusive of this clause 10.4.
11. Reward Points Programme
11.1. This promotion may be modified or withdrawn at any time.
11.2. We reserve the right to remove/cancel rewards points if we believe that system is being abused in anyway.
11.3. Use of a false name or address will result in disqualification.
12. Data Protection
12.2. For your security, when ordering from us we only use Secure Socket Layer 3 (SSL3) technology, to ensure you cannot inadvertently place an order through an unsecured connection.
12.3. By registering any of your personal details with us, you are agreeing to allow us to contact you regarding any of our own products or services. We may pass your details to a third party unless otherwise indicated by you.
13. Protecting your security
13.1. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.
13.2. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this will be done only to confirm your identity, that a credit check will not be performed and that your credit rating will not be affected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
13.3. During security checks we may ask for additional information or documentation to help support the data you have supplied.
14. Import duty
14.1. If you order Products from our site for delivery outside the UK, they may be subject to export/import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
15. Written communications
15.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16.1. All notices given by you to us must be given to Heathfield LED at Unit O, Westmead Industrial Estate, Westmead Drive, Swindon, Wiltshire, SN5 7YT. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. Transfer of rights and obligations
17.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
17.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
18. Events outside our control
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
18.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1. Strikes, lock-outs or other industrial action;
18.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
18.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5. Impossibility of the use of public or private telecommunications networks;
18.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
18.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
20.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any such variations from these terms and conditions to be confirmed in writing.
22. Our right to vary these terms and conditions
22.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
22.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority.
23. Law and jurisdiction
23.1. 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.
23.2. Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.