Car Park Lights is a trading name of Lilac Orchard Ltd a retail and business sector organisation with UK company no. 3259074, Registered in England and Wales, VAT number 669250510
All orders placed with Car Park Lights will incorporate these terms and conditions, which will supersede any and all terms and conditions, proposed by the customer. Please read these terms and conditions carefully before placing an order with Car Park LIghts.
By placing an order with Car Park Lights, you accept these terms and conditions. The company may change its terms and conditions without prior notice to you in relation to future sales and prospects.
Car Park Lights are committed to security and privacy of both personal and business information and promises to operate under verifiable ethical standards as shown below in accordance with the data protection act 1998.
- Definitions of interpretation
1.1 In these conditions the following will apply.
Where an order is accepted by Car Park Lights, the order acknowledgement and conditions (together the Contract) shall constitute a contract between the parties. These Conditions apply to the Contract to the exclusion of all other terms (including any terms and conditions that the Customer purports to imply). The order shall not form part of the Contract.
Customer: The person on entity who purchases goods from Car Park Lights.
Goods: The goods (or any part of them) set out in the Order Acknowledgement.
Order: The Customers order for the Goods.
Order Acknowledgement: Car Park Lights confirmation of its acceptance of an Order.
- Working Day:
2.1 a day (other than a Saturday, Sunday or public holiday when banks in London are open for business.
2.2 The headings in these Conditions are for ease of reference only and shall not affect the construction or interpretation of the Contract. Words denoting the singular meaning include the plural and vice versa unless the context otherwise requires. References to including and include shall be deemed to mean respectively including without limitation and include without limitation.
2.3 References in these conditions to any statute, statutory provision or regulation includes a reference to:
2.3.1 that statute, statutory provision or regulation as from time to time amended extended, re-enacted or consolidated whether before or after the date of the Contract; and
2.3.2 all statutory instruments or orders made pursuant to it.
3.1 The customer is responsible for ensuring that the terms of the order acknowledgement are complete and accurate.
3.2 Where goods or products have been manufactured to special order, these are non returnable except in the event of a fault (during its warranty period) under section 19 when the product, once returned will be repaired or replaced.
3.2 On acceptance of our order acknowledgement, the contract is deemed to have come into existence. Subject to provisions of condition 3.3 or 3.2
3.3 Car Park Lights Reserves the right to alter correct or change orders as a variation to incorporate such alterations.
3.4 The Contract constitutes the entire agreement between the parties.
3.5 The Customer acknowledges that it has not relied on any statement promise or representation made or given by or on behalf of Car Park Lights which is not set out in the Contract.
The prices payable for goods that you order are set out in our quotations, or as negotiated between us.
4.2 Delivery charges are payable subject to location and will be charged accordingly.
4.3 We reserve the right to alter/change prices without prior notice.
4.4 The delivery charges shown are for UK mainland deliveries only and exclude VAT unless otherwise shown.
4.5 All delivery charges for orders outside of the UK mainland will be quoted on an individual basis, unless otherwise shown.
4.6 While every effort to ensure that prices are accurate, errors may occur. Should this happen we will inform you as soon as possible to give you the option of reconfirming your order at the correct price or cancelling.
5.1 Your order will be taken by us electronically or by phone. By placing an order with Car Park Lights you accept these terms and conditions.
5.2 We will acknowledge receipt of your order by email. We reserve the right to decline any order placed.
5.3 We accept payment by bank transfer only.
5.4 We reserve the right to alter payment methods, reject payments or accounts and in such cases full refunds will be provided to the customers.
5.5 All orders are agreed to be on a Pro-Forma basis, with payment being received by Lilac Orchard Ltd before an order will be released.
5.6 To ensure that your credit account is not being used without your consent, we may validate name, address and other information supplied against third party databases. By accepting these terms & conditions you consent to such checks being made. In performing these checks information provided may be disclosed to a registered Credit Reference Agency. You can be assured that this is only done to confirm your identity, that a credit check is not performed and that your credit rating will not be affected.
- Cancellation by us
6.1 We reserve the right to cancel the contract between us if;
6.2 We have insufficient stock to deliver the goods you have ordered
6.3 Do not deliver to your area; or
6.4 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.5 If we do cancel your contract we will notify you by e-mail or by phone and will re-credit to your account any sum deducted by us as soon as possible or in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment or loss of business suffered.
- Delivery of goods to you
7.1 We will arrange delivery of the goods ordered by you to the address you give us for delivery at the time we accept your order.
7.2 We will make every effort to ensure delivery will be made as soon as possible after your order is accepted. However, we will not be liable for any losses incurred by the buyer for failure to deliver by a particular date.
7.3 We will use reputable carriers. Nonetheless we cannot accept responsibility for delays caused solely by the default of the carrier.
- Ownership of the goods
8.1 Once goods have been delivered to you they will be held at your own risk and you will be liable for their loss or destruction. However, you will become the owner of the goods you have ordered only when you have paid for them in full. Until then the goods remain the property of Car Park Lights.
9.1 If the goods we deliver are not what you have ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail (email@example.com) of the problem within two working days of the delivery of the goods in question.
9.2 If you do not receive the goods ordered by you within amount of working days of the date specified on quotation or from order paid date, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within 60 days of the date on which you ordered the goods.
9.3 If you notify a problem to us under condition 9.1 or 9.2 our only obligation will be, at our option:
9.3.1 To make good any shortage or non-delivery;
9.3.2 To replace or repair any goods that are damaged or defective; or
9.3.3 To refund you the amount paid by you for the goods in question in whatever way we choose.
9.3.4 If you notify us of a problem under condition 9.1 you must return the goods to us or you will remain liable for the costs. Unless otherwise agreed, you are liable for the cost of returning the goods.
9.4 Save as precluded by law, we will not be liable to you 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 us 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 clause 9.3(3) above.
9.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from Car Park Lights. The importation or exportation of certain of our goods 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 you purchase.
9.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit liability to you for any death or personal injury resulting from our negligence.
9.7 Where products are sealed against intrusion to IP standards the following during warranty periods will be charged for any repair.
9.7.1 Malfunction or damage caused through other inevitable external factors
9.7.2 Malfunction caused by manipulation alteration or maintenance
9.7.3 Malfunction or damage caused by wrong use and improper personal repair.
9.7.4 Malfunction caused by transport, move, drop after purchasing.
9.7.5 Malfunction caused by use of unspecified power and voltage.
10.1 A quotation by Car Park Lights does not constitute an offer and Car Park Lights may revise or withdraw from a quotation at any time before accepting a buyer’s offer.
- Uses of Electronic Media & Web site
11.1 Every effort is made to ensure the accuracy or our web sites, however some details on the site may change from time to time and the company makes no warrant, express or implied, as to the nature or accuracy of any material on the website.
11.2 The company cannot accept liability for any particular material on the website or as a result of, any use of or reliance placed upon information contained within its website.
11.3 The company will not be liable for incidental, consequential or special damages arising from, or as a result of, any electronic transmission or the accuracy of the information contained in our website.
11.4 Any use of copyright without first obtaining our permission will be deemed to be a mistake of this site and will result in prosecution and absolutely no refunds will be issued in such circumstances.
11.5 Any material downloaded or otherwise obtained through the use of our service is done at your own discretion. Car Park Lights will accept no responsibility for any damage to your own computer system or loss of data that results from the download of any such material.
11.6 All lighting equipment parts are proposed under these conditions. On goods named within quotations or proposals are subject to the following. Replies must be sent via email: firstname.lastname@example.org It is the responsibility of the customer to check that quantities and descriptions are correct to project needs, as orders are subject to confirmation of our Pro-forma invoice. Products are supplied for self installation. Optional design & consultancy services are available on request. Battery storage provided through solar power is subject to future localised irradiance. Storage is based on individual days, which may fluctuate, due to fog, low level cloud, debris, roosting, snow, building or tree overshadowing and climate changes which are beyond our control. Solar power is a genuine help towards cutting down on electricity costs in remote or un-adopted locations. Maximum outputs are designed around Home Counties seasonal weather statistics.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be sent to our contact email address as advertised from time to time on our website and all notices from us to you will be displayed on our website from to time. With regard to matters affecting your order specifically, we will contact you at the address given by you at the time of ordering.
- Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
13.1 It is the responsibility of the users to install or position any products safely.
13.2 Changes in weather conditions may alter in the future.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
- Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- Governing law
The contract between us shall be governed exclusively by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
- Intellectual Property
You acknowledge and agree that the material and content contained within www.carparklights.co.uk is made available for the purpose of business between us and that you may download such material and content for that purpose only. You further acknowledge that any other use of the material is prohibited, including commercially exploiting or creating derivative works of such material and content without written permission.
- Car Park Lights
Car Park Lights is a trading name of Lilac Orchard Ltd.
For all returns please refer to section 9 for details on liability. Our warranties vary according to the product and can be anything from 1 year to 5 years, for this reason please contact us with specific enquiries as all the options would be too numerous to list here.
20.1 Car Park Lights may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract. The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of Car Park Lights.
20.2 Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that part at its registered office (if it is a company) or its principle or its principle place of business (in other case) or such other address as that party may have specified to the other party in writing in accordance with this Condition, and shall be delivered personally, sent by recorded delivery or commercial courier. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in Condition 20.2; if sent by recorded delivery, at 9.00am on the second day Working Day after posting, on the day the couriers receipt is signed.
20.3 If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
20.4 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
20.5 A waiver of any right or remedy under the contract is only affective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of that or any other right or remedy.
20.6 A person who is not a party to the Contract shall not have any rights under or in connection with it.
20.7 Except as set out in these Conditions, any variation to the Contract, including the introduction of any additional terms and conditions, shall only be binding when agreed in writing and signed by Car Park Lights.
20.8 The 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), shall be governed by, and constructed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
- Entire agreement
These terms and conditions, together with our current trade prices, delivery details, and contact details, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.