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PLEASE READ THESE TERMS CAREFULLY BEFORE COMPLETING A PURCHASE
The Terms and Conditions will apply to any contract between you and SIAGEO SARL for the sale of Products to you. Please read the Terms and Conditions carefully and make sure that you understand them before ordering any Products from our Website. Please note that before placing an order you will be asked to agree to the Terms and Conditions. If you refuse to accept the Terms and Conditions, you will not be able to order any Products from our Website. You should print a copy of the Terms and Conditions or save them to your computer for future reference. We amend these Terms and Conditions from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms and Conditions to ensure you understand the terms which will apply to that transaction. Definitions
1.2Contacting us or cancelling your order if you are a Consumer: To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our Website. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 01 172 370 034 or by post to SIAGEO SARL 178 rue d'Alger F-59100 Roubaix. If you are emailing us or writing to us please include details of your order and order number to help us to identify it. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning us at 01 172 370 034 or by e-mailing us at email@example.com If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3Contacting us if you are a business. You may contact us by telephoning us at 01 172 370 034 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 1.64. Our Products
1.4The images of Products on our Website are provided for illustrative purposes only. Although we have made every effort to display the colours and finish of all Products accurately, we cannot guarantee that your computer's display of the colours or finish accurately reflects the colour or finish of the Products you will receive. Your Products may vary slightly from images of them displayed on your computer.
1.5Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website have a 10% tolerance, and descriptions of Product specifications are provided purely for your assistance. As set out at clause 16.5, we do not guarantee that Products will be suitable for your intended purposes.
1.7If you are a Consumer, you may only purchase Products from our Website if you are at least 18 years old. By accepting these Terms and Conditions you warrant that you are at least 18 years old and that you have the capacity to enter into a binding legal contract. If you are not at least 18 years old then you must not accept these Terms and Conditions or enter into a Contract. If you are a business customer This clause 6 only applies if you are a Business.
1.8If you are not a Consumer, you confirm that you have authority to bind the company or business on behalf of which you use our Website to purchase Products.
1.9The Terms and Conditions constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to the sale of Products.
1.10You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
1.11The parties agree that neither party to these Terms and Conditions shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in a Contract. How the contract is formed
1.12Our Website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
1.13After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause
1.14. 1.14We will confirm our acceptance of your order by sending you an e-mail confirming that the Products have been dispatched (the “Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
1.15If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible. Our right to vary these Terms
1.16We reserve the right to amend these Terms and Conditions from time to time. New versions of the Terms and Conditions will be effective from the date on which they are posted on the Website.
1.17Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
1.18Notwithstanding clause 8.2, we may revise these Terms and Conditions as they apply to your order where we are required to do so by relevant laws and regulatory requirements.
1.19If we have to revise these Terms and Conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel the Contract either in respect of all of the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. Your consumer right of return and refund This clauseonly applies if you are a consumer.
1.20If you are a Consumer, you have a legal right to cancel a Contract during the period set out below in clause
1.21. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
1.21Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered: If you have purchased a single product, or several products which arrive in a single delivery, then you have fourteen days to cancel from the date on which you receive the Products. If you have purchased a single product which is delivered in several instalments, then you have fourteen days to cancel from the date on which you receive the last part of the Product. If you have purchased several Products which arrive in multiple deliveries, then you have fourteen days to cancel from the date on which you receive the last delivery.
1.22To cancel a Contract, you need to inform us that you have decided to cancel. The easiest way to do this is to complete the cancellation form : http://www.g-light.co.uk/downloads/cancellation_form.pdf. If you use this method we will e-mail you to confirm we have received your cancellation, as described in clause 2.1.
1.23If you cancel your Contract we will: refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an amount equal to the diminishment in their value that your handling of them has caused. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). make any refunds due to you as soon as possible and in any event within the deadlines indicated below: if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 1.26; if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract. 1.24If you return Products to us under this clause because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the Products to us.
1.25We will refund you on the credit card or debit card used by you to pay. If you used vouchers or a similar promotional method to pay for the Product we reserve the right to refund you in kind.
1.26If a Product has been delivered to you before you decide to cancel the Contract: Unless we have offered to collect if from you, you must return it to us without undue delay and in any event not later than 14 days after the day on which you inform us that you wish to cancel the Contract. You can return goods to us at our returns address, which is NEXTSTEP-SIAGEO-GLIGHT 178 rue d'Alger F-59100 Roubaix Unless the Product is faulty or not as described (in which case, see clause 1.24), you will be responsible for the cost of returning the Product to us;
1.27Because you are a Consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a Consumer, you have legal rights in relation to Products that are faulty or not as described. Your statutory rights are not affected by these Terms and Conditions. Delivery
1.28We will provide you with an estimated delivery date which will be contained within the Dispatch Confirmation. Any date given in this fashion is only to be taken as an estimate; delivery to you may be affected by a Force Majeure Event.
1.29Completion of a Contract shall be when we deliver the Products to the delivery address provided by you at the time you purchase the Products. All Products will be your responsibility from that time onwards.
1.30You own the Products once we have received payment in full, including all applicable delivery charges. You will cease to own the Products in the event of cancellation of a Contract. This clause10.4 only applies if you are a consumer.
1.31If we miss the estimated delivery date by 30 or more daysthen you may cancel your order straight away if any of the following apply: we have refused to deliver the Products; delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or you told us before we accepted your order that delivery within the delivery deadline was essential.
1.32If you do not wish to cancel your order straight away, or do not have the right to do so under clause 1.31, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
1.33If you do choose to cancel your order for late delivery under clause 10.4 or clause 10.5, you can do so for just some of the Products you have purchased or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the reasonable costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery. International delivery
1.34We deliver to the following countries outside of the UK (the “International Delivery Destinations”): Germany, France, Spain, Portugal, Italy, Netherlands, Switzerland, Belgium, Monaco, Luxembourg, Denmark, Austria, Sweden, Norway, Andorra
1.35If you order Products from our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
1.36You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
1.37You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law. Price of products and delivery charges
1.38The prices of the Products will be as quoted on our Website at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information is entered onto the system. However please see clause12.5 for what will happen if we discover an error in the advertised price of Product(s) you ordered.
1.39Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
1.40Without prejudice to clause 11.3, the price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK. If you are not based in the UK then sales taxes may vary and other rates may apply. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
1.41The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
1.42Our Website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provide during the order process, we will treat the order as cancelled and notify you in writing. How to pay
1.43You can only pay for Products using a debit card or credit card. The list of cards which we accept will be listed after you have confirmed your order and proceeded to provide your payment details.
1.44We reserve the right to charge you for any credit card fees or charges which we may incur as a result of processing your order..
1.45Payment for the Products and all applicable delivery charges shall be in advance. Manufacturer guarantees
1.46Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
1.47If you are a Consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Our warranty for the Products
1.48For Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause
1.49. 1.49The warranty in clause 1.48 does not apply to any defect in the Products arising from: fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; if you fail to operate or use the Products in accordance with any instructions provided; any alteration or repair by you or by a third party who is not one of our authorised repairers; or any abnormal usage of the products.
1.50If you are a consumer, this warranty is in addition to, and does not affect, your statutory rights in relation to Products that are faulty or not as described. Our liability if you are a business This clause only applies if you are a Business.
1.51We only supply Products solely for use by your business, you agree that you will not resell or redistribute Products to any third parties.
1.52Nothing in these Terms and Conditions limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
1.53Subject to clause 1.52, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: any loss of profits, sales, business, or revenue; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss.
1.54Subject to clause 1.52, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 10 000£
1.55Except as expressly stated in these Terms and Conditions, we make no representation, warranty or undertaking in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we make no representation that Products are suitable for your intended purposes and accept no responsibility for ensuring the same. Our liability if you are a consumer This clause only applies if you are a Consumer.
1.56If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
1.57We only supply Products to you for domestic and private use. You agree not to use the Products for any commercial or business purposes, or to resell or redistribute the Products. You agree that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity that may arise as a result of your use of the Products.
1.58We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987. Events outside our control
1.59We 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 a Force Majeure Event.
1.60If a Force Majeure Event takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will attempt to arrange a new delivery date with you after the Force Majeure Event is over.
1.61You may cancel a Contract affected by a Force Majeure Event which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received and we will refund the price you have paid, including any delivery charges. Communications between us
1.62The term "in writing" shall include communications sent by e-mail, but not other electronic written communications such as instant messenger applications, text message, ‘Twitter’, or any other similar mediums.
1.63If you are a Consumer you may contact us as described in clause 1.2.
1.64If you are a Business: Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, or sent by e-mail. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission. 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action, the service of which shall be governed by the relevant statutory provisions. Other important terms
1.65We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
1.66You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
1.67Where the Terms and Conditions, or any part of them, are translated into any language other than English, then the terms of the original English version shall prevail of the terms of the translated version irrespective of the language of the version of the Terms and Conditions agreed by either party.
1.68This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
1.69Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
1.70If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
1.71If you are a Consumer, please note that these Terms and Conditions are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
1.72If you are a Business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
1.73If you are a Business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
CANCELLATION FORM G-LIGHT I hereby give notice that I cancel my contract of sale of the following goods: Order number:....................................................... Ordered on: …...................................................... Received on:......................................................... Name of consumer:............................................................................... Address: …........................................................................................... Date:............................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Product code (reference) …......................................................quantity ….................................. Return Address * , : You can send us this cancellation form by post at this adress below SIAGEO SARL 178 rue d'Alger F-59100 Roubaix or by email at email@example.com