Terms & Conditions
Terms & Conditions UK & Republic of Ireland
1. Information about us
The Site is operated by INDO Lighting Ltd on behalf of Baynhams Holdings Ltd (we / us). We are registered in England and Wales under company number 06419298 with our registered office at Units 18 – 19 Chancerygate Business Centre, Southampton. SO15 0AE.
2. How the contract is formed between you and us
2.1 You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "Proceed to Secure Payment" button on the "Payment details" page. No amends can be made by you to your order after this point.
2.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving you an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us for the sale of a Product will only be formed when we send you the Dispatch Confirmation for the relevant Product. If you order several Products from us which are being delivered at different times or separately from a 3rd Party Supplier, each contract is formed when we provide the Dispatch Confirmation for each Product.
2.3 Each Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.4 We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
2.5 We may be unable to process your order if:
the Product you ordered is out of stock or discontinued; or
there is a problem with authorisation of your method of payment.
2.6 Certain Products made available on the Site are subject to age restrictions imposed by law. We are not permitted by law to supply these Products to individuals who do not satisfy the relevant age requirement and, if you are underage, you must not attempt to order these Products. By registering on the Site, using the Site and / or making a purchase, you confirm and certify that the information you provide, included but not limited to, your date of birth is complete, accurate and up-to-date.
3.1 We will deliver the Products to you in accordance with the delivery option specified by you when you placed your order.
3.2 We will dispatch all Products comprised in your order which are supplied by us at the same time albeit on some occasions in multiple packages. Delivery will be made to the delivery address specified in your order. We cannot deliver items within the same order to multiple addresses. We are not responsible for any additional carrying or positioning of Products ordered.
3.3 For certain bulky or heavy items, there may be a delivery charge, which will be added when you checkout. Please make sure that you are satisfied with the delivery charge before confirming your order for Products at checkout.
4. Risk and Ownership
4.1 Once delivered, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
4.2 Ownership of Products will pass to you on: delivery of the Products; or us receiving full payment of all sums due in respect of the Products, whichever is the later.
5. Price and Payment
5.1 The price of any Products will be as quoted on the Site from time to time, except in cases of obvious error.
5.2 These prices include VAT at the applicable local rates but exclude delivery costs. Delivery costs will be added to the total amount due once you have selected a delivery service from the available options.
5.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.4 We cannot complete your order until you have paid for it in full. Payment can be made by most major credit or debit cards, by completing the relevant details on the "Payment details" page.
5.6 The Site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will rectify any such errors as soon as possible once we become aware of them. If a Product's correct price is different from the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6. Our Cancellation, Returns and Refund Policy
6.1 Except in relation to the Products specified in the next paragraph, you may cancel your order at any stage before the Products are dispatched to you, and up to 28 days after receipt. To cancel your order prior to confirmation of dispatch you can please contact our Customer Team on firstname.lastname@example.org. To cancel an order after confirmation of dispatch please follow the Returns Procedure. Your right to cancel set out in this paragraph 6.1 is in addition to your rights under the Consumer Contracts Regulations 2013 (the “Regulations”). Further details of your rights under the Regulations are set out in paragraph 6.8.
(a) Unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered, you may not cancel your order if the Products are (i) perishable items (e.g. food and baby milk); (ii) medicines; (iii) personalised for you; (iv) sealed Products which are not suitable for return due to health or hygiene reasons if unsealed after delivery, unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered; or (v) unsealed Products which are not suitable for return due to health or hygiene reasons (for example, a respirator hood) unless such Products were damaged or faulty when delivered to you or have been incorrectly delivered.
(b) If your Products have been supplied by a 3rd Party Supplier, do not follow the Returns Procedure specified above in paragraph 6.1. Instead, you will receive a document labelled "Returns Information" from the 3rd Party Supplier, with your Products. You must check the Returns Information document and follow the steps in that document to return a 3rd Party Supplier Product. Take care to return the item(s) within the time period specified in that document, We (Baynhams) do not handle the returns and these Products cannot be returned to us directly.
6.3 Where you decide to cancel an order after the Products have been dispatched, you will be under a duty to return them to us or the relevant 3rd Party Supplier (as applicable), at your own risk. We will not be responsible for any loss or damage to the Products in transit. All such Products should be returned within the time period specified in the Returns Procedure (if it is a Product supplied directly by Baynhams) or Returns Information (if it is a Product supplied directly from a 3rd Party Supplier) received with the Products. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them.
6.4 You should return the Products to us or the relevant 3rd Party Supplier (as applicable) unused (except to the extent reasonably necessary to examine them), and in the same condition in which you received them together with the original Product packaging, in accordance with our Returns Procedure or the Returns Information received from the 3rd Party Supplier(s) (as applicable) for the Product(s).
6.5 Cost of Return
(a) Products dispatched by Baynhams: We will bear the cost of you returning the Products to us providing the parcel is sent from a UK or Republic of Ireland address and does not exceed 5kg in weight and 61cm x 46cm x 46cm in size. Any parcels that exceed the weight and size will be charged at standard Royal Mail (UK) and AN Post (Republic of Ireland) charges and is payable to Royal Mail or AN Post.
(b) Products dispatched by a 3rd Party Supplier: Please check your Returns Information for any instructions relating to returning your Product(s).
6.6 After you cancel your order and return the Products we will reimburse you all sums debited by us including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any Products if the loss is a result of unnecessary handling by you. This would include for example the unsealing of sealed products. We will notify you of your refund via e-mail within a reasonable period of time. We will make the reimbursement using the same method originally used by you to pay for your purchase. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who placed the order. We will process the refund due to you as soon as possible and, in any case, within the earlier of (a) 14 days of the day we receive back the Products from you; (b) 14 days of the day you provide us with evidence that you have returned the Products; or (c) where no Products were dispatched 14 days of the day you provide your notice to cancel the order.
6.7 In addition to our returns policy set out in paragraph 6.1 above, if any Product you purchase is damaged, faulty or incorrect, we or our 3rd Party Supplier(s) may offer an exchange or refund as appropriate, in accordance with your legal rights under the Consumer Rights Act 2018 (the “Act”). Your legal rights under the Act are that within 30 days of delivery of the Products, you may exercise the right to a refund if the Product purchased is not of satisfactory quality, fit for purpose or as described. After the 30-day period, but within six months of the date of delivery and where the Product is faulty, you are entitled to a repair or replacement or where that is not possible, or the repair/ replacement does not resolve the fault, a refund. On expiry of the sixth month following the date of delivery, similar rights under the Act exist, but only if you can prove that the fault was present at the point of delivery.
If you believe a Product is faulty, you should return the Product to us or the 3rd Party Supplier(s) in accordance with the Returns Procedure or the Returns Information received from the 3rd Party Supplier (as applicable) for the Products.
6.8 Under the Regulations you have the following rights:
(a) To cancel your order up to 14 calendar days after the day on which you receive the Products. This right does not apply to the items listed in paragraph 6.2 above unless these items are faulty.
(b) If you decide to cancel your order you must inform us in writing of your decision to cancel. You can cancel by email: email@example.com, or write to: The Baynhams Customer Team, Units 18 – 18 Chancerygate Business Centre, Southampton. SO15 0AE.
(c) You must take reasonable care of the Products whilst they are in your possession. You must return them to us within 14 days of cancelling the order and we will process your refund in accordance with paragraph 6.6 above.
If you have any questions regarding returns, Contact Us.
6.9 Our policy on cancellations, returns and refunds does not affect your statutory legal rights under the Act or the Regulations. If you have further questions regarding your legal rights please contact your local Citizens’ Advice Bureau or your local Trading Standards Office.
7. Our liability
7.1 We are under a legal duty to supply Products that are in conformity with the contract. We accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
7.2 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
7.3 You must follow any advice we give you to keep Products we supply to you safe (including any instructions or product manuals provided with the Products). We cannot accept liability for damage to Products we have supplied which is caused by your failure to follow this advice.
7.4 Nothing in this section 7 or elsewhere in our Terms & Conditions affects your statutory legal rights.
Any formal legal notices should be sent to us at our Customer Services address set out in the Contact Us section.
9. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
10.1 If any of these Terms & Conditions are declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.
10.2 We have the right to revise and amend these Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
10.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
10.4 You and we agree that English law applies to these Terms & Conditions and that any dispute between us arising out of or in connection with these Terms & Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom or the Republic of Ireland, in which case the applicable law of that part of the United Kingdom or the Republic of Ireland will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
11. Contact Us
If you experience problems with ordering from the Site or have any questions with regard to an order, please feel free to Contact Us.