Welcome to the Hamiltonlighting.co.uk website terms and conditions for use.
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions, please contact our Customer Service team by email, firstname.lastname@example.org, we will be sure to respond back to you within 48 hours. These terms and conditions will apply to all orders for Products which are being delivered.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
The Personal Data which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Data by updating these details on your online account.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to:
modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
When you use our website, you’ll see that we offer you outdoor lighting recommendations, showing products we think you might like and could perhaps miss when you’re browsing the site. We may use your personal data to recommend products to you in the future.
We will treat all your Personal Data as confidential. We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.
In order to purchase Goods on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
- It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.
- When choosing your username you are required to adhere to the above terms. Any failure to do so could result in the suspension and/or deletion of your Account.
Termination and Cancellation of Accounts
- Either Hamilton Lighting or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- If We terminate your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
- We reserve the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
- If purchases are cancelled for any reason prior to dispatch you will be refunded any sums paid in relation to those purchases within 14 calendar days.
- If you terminate your Account, any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases within 14 calendar days.
Description of Product
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
Ordering of goods
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We may send you an order acknowledgement email as soon as you place your order, and you will receive an order confirmation email detailing the Products you have ordered. These emails do not constitute acceptance of your order.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled the order.
Your credit/debit card / Paypal will be charged when your order is placed. The exact timing of this will vary according to the supplier and the product you’re ordering.
Non-acceptance of an order may be a result of one of the following:
-The product you ordered being unavailable from stock.
-Our inability to obtain authorisation for your payment.
-The identification of a pricing or product description error.
-Your not meeting the eligibility to order criteria set out in the main Terms & Conditions.
-Should we have taken payment prior to non-acceptance of your Order then we will refund you, but please note that it can take up to 5 days for the bank to transfer the funds to you.
Guarantees and accidental damage
We always honour the manufacturer’s guarantee period where offered. Please see individual product pages for details. Guarantees start from the date of invoice.
What does the guarantee cover?
Our guarantees provide full cover against mechanical breakdown through normal use. This means that if your item develops a fault during the guarantee period, we’ll arrange for it to be repaired free of charge, including all parts and labour. Faulty products will be fixed or replaced once returned for examination and confirmed as faulty. The Company accepts no responsibility for incidental costs incurred by the Purchaser or any third party in connection with the identification, return, repair, installation or rectification of goods claimed to be faulty.
How does it work?
During the guarantee period, if your product develops a fault that needs to be repaired, look for visible signs of the breakdown and consult the product leaflet.
If that doesn’t resolve the issue, please contact email@example.com. You’ll need to provide us with details of your item, including the model number and date of purchase. You’ll find all of this information on our original invoice– this acts as your guarantee, so please make sure you keep it safe. Proof or purchase (invoice) is required to fulfil the product guarantee.
If we can’t repair your item, we’ll replace it with an item of equivalent specification (or if you have an electrical lighting product, we may supply spare parts instead). If no equivalent product is available, we’ll either offer you the nearest equivalent specification or its selling price value, and we’ll always do our best to make sure you’re satisfied with the outcome. Please noted that Hamilton Lighting carries spare parts for most of the lights supplied. It may be a better option to ask for a spare part (which may be supplied free of charge) rather than claim under Guarantee and have the expense of removing the fitting and re-installing it. Under the guarantee, we will firstly offer spare components or try to fix the fitting if possible. If this is unsuccessful, a full replacement will be offered. If we do not have the item in stock, the choice of an alternative replacement or a refund will be offered.
What’s not included?
There are some specific exclusions from our guarantees, as follows:
-Does not cover replaceable lamps, batteries, fuses which are deemed consumables.
-Repair costs caused by external factors such as fire, theft, and weather (including lightning damage)
-Any life expectancy of lamps quoted are averages, therefore if the lamp fails before the time period specified, even if it has not quite reached the expected life, unfortunately, this is not covered.
-Accidental damage, for example, if your item has been dropped. You may find that this type of damage is covered by your household contents insurance policy.
-Cosmetic damage such as cabinet trim, scratches, dents, corrosion or colour where the function of the product is unaffected.
-Any loss suffered as a result of not being able to use the product or any loss over and above the purchase price of the original item.
-Servicing, inspecting or cleaning of the product; and failure to follow the manufacturer’s instructions and/or installation guidelines leading to electrical faults.
-Deliberate damage or neglect of the product does not cover general wear and tear.
-Stainless steel lights must be cleaned appropriately. Corrosion ( tea-staining ) on lights installed within 20 miles of the coast is excluded. If the finish of a fitting is damaged due to lack of care or incorrect cleaning methods, the fitting will not be covered under the Guarantee.
-240v lights must have been installed by an Electrician qualified and registered to part “P” of the electrical regulations. ( proof may be required). Products installed in coastal areas will be covered with a reduced guarantee period of 1 year.
-Please note that our guarantees provide services for goods bought and used in the UK, the Isle of Man and the Channel Islands.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
-any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
-any loss of goodwill or reputation; or
-any special or indirect losses.
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Hamilton Lighting and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
For any queries regarding our service, please contact us via email, firstname.lastname@example.org