This Agreement is a legal document which sets out your rights and obligations in relation to this site (the "Lumens Pools of Light site ") and the products offered by us through it (“Lumens Products”). You must take the time to read and understand this Agreement before using the Lumens Pools of Light site or making a purchase of a Lumens Product; you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 10 below.
If you have queries relating to this Agreement, then before placing an order for a Lumens Product, please email our customer service team at email@example.com
Please note that we reserve the right to withdraw the Lumens Pools of Light site from time to time.
2. Lumens Product Details
Lumens Products are subject to availability. If a Lumens Product has become out of stock at a time when we receive the order, we will inform you, and you will not be charged for it.
We continually update the Lumens site, and regularly have offers and promotions.
3. Orders and Delivery
We will contact you if there is an excessive delay with the despatch of your Lumens Products.
We aim to send out Lumens Products on the working day after we receive an order, however this is not guaranteed.
Unless otherwise stated, we use the Royal Mail for the sending and delivery of Lumens Products; the total cost of your order will include a delivery charge. Delivery times will vary according to how quickly Royal Mail delivers; we recommend placing your orders early at particularly busy times of year (such as Christmas) to make allowance for delivery delays.
We reserve the right to decline to fulfill orders for any reason, including a Lumens Product which has been mis-published, such as its price or specification. Orders are treated as offers which we are entitled to accept or decline. If there are any problems with your order, we will contact you.
There is only one delivery charge per order. Note that we cannot be responsible for orders which go missing after delivery.
4. Cancelling Your Purchase and our Returns Policy
You have the right to cancel your order for a Lumens Product, starting from 14 calendar days following the first working day after the day on which you receive it. You can cancel your order for a Lumens Product during this time by emailing firstname.lastname@example.org with a clear statement of your wish to cancel.
If you cancel your order during the 14 day cancellation period then you must return the Lumens Product(s) to us at your own cost within 14 days of the date you cancelled. You must take reasonable care of the Lumens Product while it is in your possession. If you cancel during the 14 day cancellation period and return the Lumens Product in good condition, then you will receive a refund of all monies received, including the outbound delivery cost. If you fail to return the Lumens Product in good condition to us within 14 days, then you will be responsible for payment of the price of the Lumens Product. If you require a refund on a discounted Lumens Product, please note that you will be refunded the discounted price.
You, as the purchaser, are responsible for any taxes or duties (such as import duties) payable on Lumens Products, not us.
6. Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Lumens Pools of Light site and Lumens Products are owned by, or exclusively licensed to, us. It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Lumens Pools of Light site, an Lumens Product or any of the material which is found on the Lumens Pools of Light site unless properly licensed to do so by us.
a. We warrant that Lumens Products will be manufactured with reasonable care and skill with the intention of meeting our specifications for them. However, we cannot and do not guarantee that Lumens Products will meet your requirements.
b. We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
c. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
d. Subject always to sub-Clause f. below, we shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Our aggregate liability in relation to any Lumens Product shall be limited to whichever is the greater of:
i. £10 (ten pounds); or
ii. The price you paid for that Lumens Product.
e. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
i. for any loss of revenue, business, anticipated savings or profits, or
ii. for any indirect, special or consequential loss damage, costs or other claims,
howsoever caused or arising, whether through non-supply or late supply of an Lumens Product or other non-performance of this Agreement or otherwise.
f. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
g. The provisions of this Clause 9 shall survive the termination or expiry of this Agreement.
9. Entire Agreement
This Agreement is intended to contain your entire agreement with us relating to the Lumens Pools of Light site and Lumens Products; we believe it to be fair and reasonable. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
10. Changes to this Agreement
We reserve the right to change this Agreement from time to time, and post the new version on the Lumens Pools of Light site. The new version will take effect for any activity on the Lumens Pools of Light site, including any purchase of a Lumens Product, after the new version is posted on the Lumens Pools of Light site.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.
This Agreement, and each purchase of a Lumens Product, shall be governed by the laws of Scotland and subject to the non-exclusive jurisdiction of the Scottish courts.
The Lumens Pools of Light site is provided, and Lumens Products are sold and supplied through it, by Lumens Homeware Ltd., whose address, for business conducted through the Lumens Pools of Light site, is 12 Jedburgh Avenue, G733EW.. Please note that all notices under this Agreement are to be sent and received by email. For this purpose, your notices should be sent to email@example.com and we will send our notices to you at the email address you notify to us through the Lumens Pools of Light site, such as when placing an order.