TERMS AND CONDITIONS
These terms and conditions supersede any prior agreements or correspondence betWeen the Company and the Buyer. The Company only accepts orders subject to the conditions of sale to the exclusion of any condition of the Buyer.
For the purpose of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to and does not give any person who is not a party to it any right to enforce any of its provisions.
The Company only accepts orders subject to the conditions of sale to the exclusion of any condition of the Buyer. The meaning of some of the words used in these terms and conditions are as follows: The ‘Company’, ‘We’, ‘Us’, or ‘Our’ refer to Sroka Lighting Limited (Company Registration Number 8406203). The ‘Buyer’, 'You’ or ‘Your’ is a reference to the Buyer and/or person to whom We are supplying Goods and who is required to pay for those Goods. ‘Goods’ means the Goods provided by Us to You and which the Buyer will pay for.
All information presented on the www.sroka.uk.com Web site is the property of the Company. Information held on the Website may be printed in whole or in part. Any third party to whom the information is provided is subject to Our terms and conditions. By accessing or using the site the Buyer agrees to be bound by the terms and conditions.
Under the Consumer Protection (Distance Selling) Regulations 2000, UK Buyers have the right to cancel an order and return the Goods within a period of 7 working days from the day on which they received the Goods. The Buyer must inform Us by letter or email of their intention to cancel the order within this 7 day period in order for the Distance Selling Regulations to apply. If You cancel the contract verbally, You will need to confirm the verbal cancellation in writing and send it to Us by one of the means specified within the above mentioned 7 day period. Once You have cancelled the contract, You have a legal ‘duty of care’ to take care of the Goods. A full refund will be issued after the Buyer has arranged for the return of the cancelled Goods at their own expense. The Buyer is duty bound to return the Goods in the same condition in which the Goods Were received. The items must not have been installed, damaged or modified in any way. Any loss or breakages will be the responsibility of the Buyer and will result in the guarantee being void. In cases where We have undertaken modifications of the Goods on the Buyer’s behalf, all cancellation rights will end at the point of order. We do not take returns on international transactions, these not being covered by the Consumer Protection (Distance Selling) Regulations 2000.
The Company's liability to the Buyer shall at no time exceed the price of the Goods supplied. The Company shall be under no liability for any direct loss and/or expense or any indirect loss and /or expense suffered by the Buyer or liability to third parties incurred by the Buyer. The Company shall be under no liability whatsoever for any loss or damage whether direct or indirect resulting from the supply of Goods. The Company shall be under no liability whatsoever for the quality and purpose of Goods supplied to the Buyer or to a third party.
The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Goods from the Company. The importation or exportation of certain of Our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods purchased by the Buyer. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights You may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way exclude or limit Our liability to You for any death or personal injury resulting from Our negligence.
Nature of Goods and Fitness for purpose
We do not provide any form of guarantee for the products provided by the Company.
Unless otherwise specified, all Goods offered have been used by persons other than the Company are to be considered as ‘used’. This means that signs of wear, signs of prior use and minor damage are likely to be present. All Goods are purchased by the Buyer "as is" and "with all faults" and the Company makes no representation or warranty, express, or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or any other matter with respect to the Goods.
The Buyer acknowledges that the Goods sold herein may be dangerous if improperly used. The Company is in no way liable for the purpose and fitment of Goods supplied to the Buyer. The Company has no control over the fitment, suitability and method of their application or use. Save as precluded by law, the Company excludes any condition or warranty implied by statue or otherwise as to the fitness of its Goods or for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to the Company under this condition and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the Goods in question under this Clause.
All original makers’ marks and labelling are to be disregarded. All products including those originally designed for exterior use are now for internal use only. IP ratings of products cannot be guaranteed and as such all products are to be treated as IP20.
The Company are in no way liable for the purpose and fitment of Goods supplied to the Buyer. The Company has no control over the fitment, suitability and method of their application or use. The Company excludes any condition or warranty implied by statute or otherwise as to the fitness of its Goods or any other particular whatsoever.
The Buyer is warned and acknowledges that such Goods may bear or contain hazardous chemicals or other hazardous materials which may be or may become, by chemical reaction or otherwise, directly or indirectly hazardous to life, to health, or to property (by reason of toxicity, flammability, explosiveness or for other similar or different reasons during use, handling, cleaning, reconditioning, disposal or at any other time after the article leaves the possession and control of the Company). The Buyer does hereby discharge the Company from any and all liability directly or indirectly resulting from the presence of the aforesaid chemicals or materials, including and not limited to any and all liability directly or indirectly resulting from the failure of the Company to give more specific warning with respect to individual articles or substances or from the inadequacy of any warning.
We undertake to list in item descriptions only those details that may be considered to be of major structural concern or aesthetic appearance. More detailed descriptions and photographs of products can be supplied by the Company on request. All dimensions and weights stated are approximate. The Company is not obligated to do any repair work or modifications upon the Goods prior to sale or delivery. Any repair work or modifications performed by the Company on the Goods prior to sale shall be performed as a result of the sole request of the Buyer using designs and instructions provided by the Buyer. Accordingly, The Company shall not be liable for any alleged damages caused by or resulting from the repairs or modifications. The Company gives no warranty, express or implied, as to the quality, merchantability, workmanship or any other matter with respect to any such repairs or modifications.
We recommend that You engage a qualified or NICEIC approved electrician to fit and certify any electrical Goods supplied by the Company (www.niceicgroup.com).
The availability of Goods as shown in Stock Levels on Our website are estimates only and are non-contractual. They should not be relied on as definite statements of availability.
Notwithstanding delivery, the risk of the Goods and the property in the Goods shall not pass to the Buyer until the Goods are paid for in full. The Company accept debit/credit cards, international money orders and wire bank transfers. The Buyer shall pay the Company for all Goods (“the Costs”) owing to the Company. The Company shall invoice the Buyer for the Costs which shall be payable within the specified terms contained within the invoice.
The Company accepts only British Sterling (£ pound) in payment for Goods provided.
All Goods purchased are subject to the VAT rate prevailing at the time of invoice. Overseas customers do not pay UK sales tax (VAT) unless they reside in a European community, EC country.
Prices quoted do not include shipping from the Company to the Buyer or third party. Shipping costs can be provided on request. Times and dates given for dispatch of the Goods and the length of time that the Goods will take to be delivered are estimates only.
Lost and Damaged Orders
If Your order goes missing or is damaged in transit You must contact the Company by email within 24 hours of receipt. Please do not dispose of the damaged Goods as they will be required. Damaged items must be returned within 7 days of delivery.
When You place an order You are making an offer to buy the Goods You have specified at the price stated for those Goods from the Company. At this stage there is not a binding contract betWeen You and Us.
We will acknowledge Your order by email or telephone. The confirmation will provide details of what You have ordered, the price that will be charged, information about the processing of Your order and an estimated despatch and delivery date. At this stage there will not be a binding contract between You and Us.
We will contact You by email to let You know that Your order for the Goods has been despatched. This communication will be Our acceptance of Your order (“Order Acceptance”). At the time of Order Acceptance sent by Us (which may be different to the time You receive it) there will be a binding contract between You and Us.
The Order Acceptance will only cover the Goods mentioned in it and may not cover all the Goods You ordered. If this is the case then the offer You made for those Goods will only be accepted when We send a further Order Acceptance.
The Company's ability to ship the Goods may be affected in case of an act of force majeure, such as an Act of God, war, sabotage, accidents, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labour, containers or transportation facilities, accident, breakage of machinery or apparatus, national defence requirements, or any other cause beyond the control of the Company. The Company shall have no liability for the failure to ship or deliver Goods in the event of such force majeure and the Company's obligation to complete the delivery of Goods shall be suspended during such force majeure event and for a reasonable period of time thereafter; provided, however, that these Terms and Conditions shall otherwise remain in effect. Contract (Rights of Third Parties) Act 1999.
The Company collects information from the Buyer when the Buyer registers with the Company, completes an on-line form, e-mails the Company or completes a transaction with the Company. The Company collects the following information about the Buyer in order to process orders: the Buyers name, address, delivery address (if different), credit or debit card number and expiry date, contact telephone number. The Company will use the information they collect about the Buyer to process orders, deal with any enquiry or request and/or to send the Buyer information about products and offers or changes to the Company's products from time to time. The Company will pass Your name and delivery address on to the carrier responsible for delivering Your order. If You would prefer not to receive any marketing information, please send an e-mail to firstname.lastname@example.org. The information collected about You will not be used for any other purposes and will not be sold or otherwise disclosed to any other organisations.
THIS CONTRACT IS SUBJECT TO THE LAW OF ENGLAND AND WALES AND YOU SUBMIT TO THE JURISDICTION OF THE COURTS OF ENGLAND AND WALES. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.