These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our sites. Please note that on registration and before placing an order you will be asked to agree to these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 01/11/13.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the websites www.venetianmirrorcentre.com,www.italian-lighting-centre.co.uk, www.italian-lighting-center.com, www.chandelierliftcompany.co.uk and www.murano-glass-sculptures.com. We are The Italian Lighting Centre Limited, a company registered in England and Wales under company number 07050766 and with our registered office and our main trading address at 74 Stanwell Road Penarth Vale of Glamorgan CF64 3LQ United Kingdom Our VAT number is GB 811 09 29 57 (UK)
1.2 To contact us, please see our Contact Us page.
2. Our Products
2.1 The images of the Products on our sites are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, because our Products are mainly handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our sites.
2.4 All Products shown on our sites are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our sites
Your use of our sites is governed by our Terms of Websites Use and Websites Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our sites if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our sites to purchase Products.
6.3 Trade Terms and conditions (Applicable to bona fide and registered businesses):
References to ‘we’, ‘our’ and ‘us’ refer to Italian Lighting Centre Ltd; references to ‘you’ and ‘your’ are references to the party which is the buyer from us. All goods supplied by us are supplied on the following terms and conditions, and no variation hereof or term inconsistent herewith shall have effect unless such variation is expressly accepted by us in writing.
We prefer all orders to be in writing and clearly signed. Where a telephone order is placed by you, a written confirmation is required. If no written confirmation either by fax or post is to be issued by you, then the responsibility and risk for accuracy of the order is with you. Where we have issued a quotation or proforma invoice, receipt of your payment or deposit is deemed to be acceptance of said quotation or proforma invoice. Changes to quantities or items will necessitate a revised quotation, wherein we reserve the right to amend discounts offered.
Unless previously withdrawn, or otherwise specified by us in writing, our quotations are open for acceptance within 30 days from the date on which they are made. Where orders are placed by you with no previous quotation by us, then no order is binding upon us until we have accepted the order and issued a written invoice.
We reserve the right to vary our prices without notice and unless otherwise expressly specified in quotation, goods are supplied at the price in force at the date of delivery. ALL prices are exclusive of VAT, unless expressly indicated in writing to the contrary.
Passing of Title and Risk
Special, Off-Catalogue & Bespoke Orders
By special order, some products can be ordered from off-catalogue suppliers, or in non-standard colours, finishes and sizes. These may incur surcharges and cannot be accepted for return under any circumstances.
a. Due to the handmade nature of many of our products, there may be slight fluctuations in size and/or design. We also reserve the right to alter our designs without prior notice.
b. We reserve the right to dispatch and invoice pro-rata at the quoted terms of payment any part of an order when available.
Claims – Notification of Damage or Loss
In case of alleged shortage or damage you must submit a written claim to us and to the carriers within 3 days of receipt. Claims made outside this time limit cannot be entertained. Non-delivery of goods must be advised within 7 days from notification of dispatch. In the event of damaged packages, the drivers receipt should be endorsed ‘Received Damaged’ or the goods should not be accepted. Delivery notes signed ‘Unexamined’ are not sufficient to uphold a claim.
Goods ordered by you and supplied correctly by us will not be accepted for return. In the event of any item being defective, we reserve the right to repair or replace the item at our discretion. Special, Off-Catalogue & Bespoke Orders will not be accepted for return.
Recommendations, Illustrations, Specifications etc.
Recommendations regarding the use of goods supplied by us are based on tests and experience and are considered to be reliable. However, since the conditions under which such goods are to be used, and to which they may subsequently be subjected when in service are beyond our control, we do not guarantee except as specified in Condition 13 hereof, the results obtained. Nor can we guarantee the accuracy of any specifications, illustrations, drawings or other particulars of our goods combined in any of our catalogues, website, advertisement or any other publication issued by us.
Warranties and Conditions
Nothing in this clause shall affect any statutory right which you may have. Nothing in these Conditions shall exclude or limit our liability for death or personal injury caused by our negligence. No warranty, guarantee or condition, express or implied (by common law statute or otherwise) as to quality or fitness for any purpose shall apply to any sale of our goods and we shall not be liable for any consequential loss or damage of any description (including loss of profit) whether caused by the negligence of our servants, agents or otherwise. We will at our option make good or replace any goods which are in our opinion defective, provided any claim is made to us in writing within 14 days of discovery of the defect and in any event within 6 months after delivery of the goods to you, and on our request, the goods must be forwarded, in the same condition as delivered, carriage paid, to our trading address. We undertake no responsibility for defective material after the same has been cut, altered or manipulated.
English Law shall apply to all quotations and orders, and any disputes shall be settled in the English Courts.
7. How the contract is formed between you and us
7.1 For the steps you need to take to place an order on our sites, please create an account.
7.2 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 page of the order process.
7.3 After you place an order, you will receive an e-mail from us acknowledging that we have processed 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 7.4.
7.4 We will confirm our acceptance to you by sending you an e-mail which confirms that your order has been processed. The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our sites as referred to in clause 13.5, 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 as soon as possible.
8. Our right to vary these terms
8.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements.
8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this document.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of any made-to-measure, custom-made, special order or off catalogue products.
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 30 (thirty) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 To cancel a Contract, you must contact us in writing by sending an e-mail to [email protected] or by sending a letter to 74 Stanwell Road, Penarth, Vale of Glamorgan, CF64 3LQ United Kingdom. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.
9.6 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card or debit card used by you to pay, or if you have paid by bank transfer or cheque we will issue a refund cheque.
9.8 If the Products were delivered to you:
(a) you must return (or make available for collection) the Products to us as soon as reasonably practicable; but no later than the 30 calendar days stated in clause 9.5.
(b) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.9 Details of your legal right to cancel an order and an explanation of how to exercise it are explained in clause 9.3.
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when we deliver the Products to the address you gave us. We are unable to ship to a post office box.
10.3 If no one is available at your address to take delivery, the courier will leave you a note with further instructions to rearrange deliver. We will attempt delivery three times and after this period the order is returned to us until you are able to take delivery. A redelivery fee will be charged in this instance.
10.4 The Products will be your responsibility from the completion of delivery.
10.5 You only own the Products once we have received payment in full, including any applicable delivery charges.
10.6 Some Products may arrive disassembled with parts packed in vacuum or other protective packaging. This is to minimise the risk of damage in transit. In the event of any parts being damaged in transit, we will send out replacements.
11. International delivery
11.1 We deliver to most countries. Please contact us if you are unsure if we deliver to your county.
11.2 If you order Products from our sites for delivery to outside the EU, 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, nor are we responsible for paying them.
11.3 You 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.
11.4 You 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.
12. Price of products and delivery charges
12.1 The prices of the Products will be as shown on our sites at the point of order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
12.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an order process.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK at the point of dispatch. However, 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 VAT takes effect.
12.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our sites at the point of order.
12.5 Our sites contain a large number of Products. It is always possible that, despite our reasonable efforts some of the Products on our sites may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform 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 received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. How to pay
13.1 If you wish to pay for your Products online, you can pay using a debit card or credit card. We accept the following cards:
· American Express
We use “Sage Pay” as our payment gateway and your transaction is hosted on Secure Socket Layer (SSL) certified pages.
13.2 If you wish to pay for your Products offline, you can do so by giving payment details via telephone, by fax, or by bank transfer in any of the following currencies: UK Pounds, US Dollars or Euros. If you are a UK resident you may also pay for your Products by cheque.
13.3 If you have given your payment details to us via telephone, once processed, any hard copy of that information is destroyed. However, our payment processes stores those details in an encrypted format so that we can process any repeat payments or refunds that are necessary.
13.4 Payment for the Products and all applicable delivery charges is in advance.
14. Manufacturer guarantees
14.1 Some 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.
14.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Our warranty for the Products
15.1 For 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 15.2.
15.2 The warranty in clause 15.1 does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers; or
(e) any specification provided by you.
15.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
16. Our liability if you are a business
This clause 16 only applies if you are a business customer.
16.1 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.2 Subject to clause 16.2 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:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.3 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other 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 100 % of the price of the Products.
16.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) 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
(e) defective products under the Consumer Protection Act 1987.
18. Events outside our control
18.1 We 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19. Communications between us
19.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
19.2 If you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to [email protected] or by sending a letter to 74 Stanwell Road, Penarth, Vale of Glamorgan, CF64 3LQ United Kingdom. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
(b) If you wish to contact us in writing for any other reason, you can send this to us by e-mail to [email protected] or by post to The Italian Lighting Centre Ltd at 74 Stanwell Road, Penarth, Vale of Glamorgan, CF64 3LQ United Kingdom. You can also contact us using our Customer Services telephone line.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.
19.4 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.
20. Other important terms
20.1 We 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. We will always notify you in writing or by posting on this webpage if this happens.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 15 to the recipient of the gift without needing to ask our consent.
20.3 This 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. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 15.
20.4 Each of the paragraphs of these Terms 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.
20.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our sites and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to 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.
20.7 If you are a business, these Terms are governed by English law. This means that 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), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
20.8 We will not file a copy of the Contract between us.