In using this website you are deemed to have read and agreed to the following terms and conditions:
- ABOUT US & COMMUNICATION WITH US
1.1 Our site is operated by Any Old Lights Ltd (“We”). We are a limited company, registered in England and Wales. Registered number: 09439775. Registered office: 9 South Street, Fowey, Cornwall PL23 1AR.
1.2 If you are a consumer you can contact us by calling 01726 833623 (this is our shop telephone, which has an ansaphone while the shop is not open) or 07949 053640 or by emailing firstname.lastname@example.org.
1.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.4 If you are a business you may contact us using the methods in clause 1.2. If you wish to give us formal notice of any matter in accordance with these Terms, you must do so in accordance with clause 1.5.1.
1.5.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
1.5.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 2pm on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
1.5.3 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.
- OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we make every effort to display the colours accurately, we cannot guarantee that your computer’s display accurately reflects the colour of the Products. Your Products may vary slightly from our images.
2.2 All original makers marks and labelling are to be disregarded so far as the same contradict this clause. It is not possible to obtain an IP rating for our vintage Products. You must consult your electrician to advise on usage of such lighting outdoors. A number of our new maritime copied lights have been IP rated; where this is the case it will be clearly noted in the Product item description on the website.
2.3 Unless stated otherwise, all products are supplied unwired. Our pendant lights are supplied with 1m of vintage-style flex, 1m of chain, a ceiling hook and chain-to-light hook (if required). Should you require extra, the costs are as follows (these prices include any rewiring charge):
• flex/m £3.50 (inc VAT)
• chain/m £1.50 (inc VAT)
• light hook 50p each (inc VAT)
• ceiling hook £4.50 each (inc VAT)
2.4 Vintage Products are all reclaimed and therefore may have signs of wear and tear and may have imperfections. Where this wear and tear is deemed by us to be beyond reasonable limits we shall describe the damage within the product description and add close-up photographs of the areas of damage. All our reclaimed lights are sold as seen on this website (we are happy to supply further photos if requested).
2.5 All electrical work should be carried out by a qualified electrician and electrical safety is the responsibility of the buyer. Any Old Lights Ltd assume no responsibility or liability for any property damage, personal injury and/or death, or any other loss or damage that may result from your use of any product supplied by Any Old Lights Ltd.
- PRODUCT PRICE & DELIVERY CHARGES
3.1 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
3.2 Prices on our site are exclusive of VAT as noted ‘(exVAT)’. The VAT chargeable is calculated and displayed in the cart during checkout.
3.3 The price of a Product does not include delivery charges. For UK customers, our delivery charges are as advised to you during the check-out process, before you confirm your order. Customers ordering from outside of the UK may pay the UK delivery price at checkout; we will then contact you advising you of the balance of payment required to ship to your destination country.
4.1 You can pay for Products by PayPal or by using a debit card or credit card. We accept both Mastercard and Visa. Contact us prior to ordering if you prefer to pay by BACS.
4.2 Payment for the Products and all applicable delivery charges is in advance.
5.1 We always endeavour to ship within two days of an order being placed. Certain lights, however, may require modification or refurbishment before they can be shipped, which may delay shipment. Lights that require custom-spray painting can take up to 14 days before they are ready for shipment. We can provide an estimated delivery date at any time upon request, by contacting us using one of the methods in clause 1.2.
5.2 If we are delivering the Products and no one is available at your address to take delivery, our shipper will attempt one redelivery. If there is still no one available at your address to take delivery, the shipper will return the Products to us, in which case, please contact us to rearrange delivery.
5.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
5.4 You own the Products once we have received payment in full, including all applicable delivery charges.
- OUR CONTRACT
6.1 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation”). 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 6.2.
6.2 Confirmation of our acceptance of your order will take the form of an e-mail from our shipper, UPS, confirming that the Products have been collected from us for dispatch (“UPS Ship Notification”). The Contract between us will only be formed when you receive the UPS Ship Notification.
6.3 If, for any reason, we are unable to supply you with a Product 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 including any delivery costs charged as soon as possible.
- OUR RIGHT TO VARY THESE TERMS
7.1 We may amend these Terms from time to time.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 We may revise these Terms as they apply to your order, subject to the products you have ordered. We will contact you to give you reasonable notice of any changes and to let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- YOUR CONSUMER RIGHT OF RETURN & REFUND
This clause only applies if you are a consumer:
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Regulations during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
8.2 This cancellation right does not apply in the case of bespoke or custom made goods.
8.3 Your legal right to cancel a Contract starts from the date we accept your order (when you receive the UPS Ship Notification), which is when the Contract between us is formed.
8.4 You have 14 days from the date you received your Product in which to cancel the Contract.
8.4.1 If you are receiving multiple Products in more than one delivery, you have 14 days from the date or receipt of the final Product in which to cancel the Contract.
8.4 To cancel a Contract, please contact us using the contact details in clause 1.2. If you are writing to us, either by post or by e-mail, please ensure you include details of your order to help us identify it. Cancellation will be effective from the date notification was sent.
8.5 If you cancel your Contract we will, in accordance with these Terms:
8.5.1 refund you the price you paid for the Products. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your mishandling.
8.5.2 refund any delivery costs you have paid.
8.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.8;
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
8.6 If you have returned the Products are required to be returned to us under this clause 9 because they are faulty we will refund the price of the Products in full, together with any applicable delivery charges.
8.7 We will refund you on the credit card or debit card used by you to pay or into a bank account in the case of electronic bank transfers, or directly into your bank account using BACS.
8.8 If a Product has been delivered to you before you decide to cancel your Contract:
8.8.1 you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Goods must be returned to Any Old Lights, 9 South Street, Fowey, Cornwall PL23 1ER;
8.8.2 unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery;
8.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- IF YOU ARE A BUSINESS CUSTOMER
This clause only applies if you are a business:
9.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
9.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
9.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
9.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
- OUR CANCELLATION POLICY
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 Products to supply the Products to us, we are unable to supply the Products to you, we may cancel the agreement at any time before the Products are delivered by giving notice to you. We will promptly repay to you any sums paid by you in relation the agreement. We will not be liable for any other loss or damage whatever arising from such cancellation.
- OUR LIABILITY IF YOU ARE A CONSUMER
This clause only applies if you are a consumer:
11.1 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 it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.3.4 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
11.3.5 defective products under the Consumer Protection Act 1987.
- OUR LIABILITY IF YOU ARE A BUSINESS
This clause only applies if you are a business customer:
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
12.2 Nothing in these Terms limits or excludes our liability for:
12.2.1 death or personal injury caused by our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.2.4 defective products under the Consumer Protection Act 1987.
12.3 Subject to clause 12.2, we will under no circumstances whatsoever 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:
12.3.1 any loss of profits, sales, business, or revenue;
12.3.2 loss or corruption of data, information or software;
12.3.3 loss of business opportunity;
12.3.4 loss of anticipated savings;
12.3.5 loss of goodwill; or
12.3.6 any indirect or consequential loss.
12.4 Subject to clause 12.2, our total liability to you in respect of all 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 the price of the Products.
12.5 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.
- FORCE MAJEURE
13.1 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 13.2.
13.2 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, or 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.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 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.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us using a method stated in clause 1.2. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14.1 Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
14.2 The laws of England and Wales govern these terms and conditions. By accessing this website and buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
14.3 Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
14.4 These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company