Terms & Conditions
Terms & Conditions
1. Interpretation
In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
In these Terms and Conditions ( Terms ), the following words and phrases shall have the following meanings:
“the Buyer” means the person, firm or company who purchases the Goods from the Company:
“the Company” means Twinkle-Lights.Com whose office is at Unit 11, Foundry Business Park, Hockley, Essex, SS5 4HS;
“Contract” means the contract between the Company and the Buyer which shall be deemed to incorporate these Terms;
“Goods” means any goods agreed in the Contract to be supplied by the Company to the Buyer;
“Place of Delivery” means the place to which the Goods are to be delivered.
In these Terms, reference to any statute or statutory provision shall be construed as a reference to such statute or statutory provision as amended, modified, re-enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
The Contract shall be on these Terms to the exclusion of all other terms and conditions, including any such terms and conditions that are purported to be included or applied by the Buyer.
No terms and conditions contained in the confirmation of order, purchase order or other document of the Buyer will form part of the Contract.
3. Delivery
Any date or period for delivery shall be considered as indicative only, although it is the Company’s policy to try to fulfil all orders within 3 working days. Any Goods not available at the time of the Buyer’s order will be sent to the Buyer, as soon as possible, when received from the manufacturer.
Any date or period for delivery shall be considered as indicative only, although it is the Company’s policy to try to fulfil all orders within 3 working days. Any Goods not available at the time of the Buyer’s order will be sent to the Buyer, as soon as possible, when received from the manufacturer.
The Company, cannot be held responsible for delays in the delivery caused by the manufacturer, or any other third party. If delivery is not within the agreed time the Company will arrange another time for delivery.
Subject to the other provisions of these Terms, the Company shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in the delivery of the Goods nor will any delay entitle the Buyer to terminate or rescind the Contract unless the delay exceeds 60 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery
Risk in the Goods shall pass to the Buyer on delivery
Ownership in the Goods shall not pass to the Buyer until the Company has received in full in cleared funds all sums due to the Company in respect of the Goods and all other sums which are or may become due to the Company from the Buyer on any account.
5. Price
The price for the Goods shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list. The price for the Goods shall be exclusive of all costs of carriage and insurance which the Buyer shall pay in addition. The Buyer shall pay such deposit as the Company shall direct. We have a £10 minimum order.
The price for the Goods shall, unless otherwise agreed, be the price set out on the date of delivery in the Company’s price list. The price for the Goods shall be exclusive of all costs of carriage and insurance which the Buyer shall pay in addition. The Buyer shall pay such deposit as the Company shall direct. We have a £10 minimum order.
6. Payment
Subject to paragraph 5, payment of the price of the Goods shall be due 30 days from the date of the Company’s invoice for the Goods.
Subject to paragraph 5, payment of the price of the Goods shall be due 30 days from the date of the Company’s invoice for the Goods.
Payment shall not be deemed to have taken place until the receipt by the Company of cleared funds.
7. Warranties
The Company warrants that the Goods are of satisfactory quality.
The Company warrants that the Goods are of satisfactory quality.
If the Buyer wishes to make a claim under this warranty, the Buyer shall give written notice to the Company within 7 days of the discovery of the defect and give the Company a reasonable opportunity to inspect the Goods in question.
The Company shall not be liable for any breach of warranty if the Buyer makes any further use of the Goods after giving such notice or alters or repairs the Goods without the agreement of the Company.
The Company’s liability under the warranty shall be limited to repairing or replacing the Goods in question or refunding the price of such Goods.
8. The Buyers right of cancellation
The Buyer has the right to cancel the contract at any time up to the end of 7 working days after the Buyer receives the goods.
The Buyer has the right to cancel the contract at any time up to the end of 7 working days after the Buyer receives the goods.
To exercise this right of cancellation, the buyer must give written notice to the Company by letter or via email, giving details of the goods ordered and any order reference. Notification by telephone is not sufficient.
If the Buyer chooses to cancel the order after the goods have been delivered, the Buyer will be responsible for returning the goods to the Company at the buyer’s own cost. The goods must be returned to the address provided. The Buyer must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
Once the Buyer has notified the Company that the Buyer is cancelling the contract, the Company will refund or re-credit you within 30 days from receipt of the returned goods for any sum that has been paid by you or debited from your credit card for the goods excluding any delivery fees.
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.
The Company may charge a 25% restocking fee for items returned that are not in a suitable condition.
9. The Companies Right of Cancellation
If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to the Company, we are unable to supply the goods to you, the Company may cancel the agreement at any time before the goods are delivered by giving notice to you.
If for reasons beyond our reasonable control, including but not limited to an inability or failure on the part of the manufacturers or suppliers of the goods to supply the goods to the Company, we are unable to supply the goods to you, the Company may cancel the agreement at any time before the goods are delivered by giving notice to you.
The Company shall promptly repay to you any sums paid by you or on your behalf under or in relation the agreement. The Company shall not be liable for any other loss or damage whatever arising from such cancellation.
10. Limitation of Liability
The Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
The Company shall under no circumstances be liable to the Buyer for any consequential, indirect or economic loss or damages.
11. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
12. General
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
