1. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 4).
2. Our rights to make changes
2.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
3 Providing the products
3.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
3.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. All delivery times quoted are estimates only and we will endeavour to deliver the products to you as soon as reasonably possible. Please note we may deliver the products in instalments and where we do this, each instalment shall be treated as a separate contract.
3.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
3.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
3.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 6.2 will apply.
3.6 We reserve the right to refuse delivery to a particular address. We may refuse to deliver to a particular address if:
(a) we believe that it would be unsafe, unlawful or unreasonably difficult for us to do so; or
(b) the delivery location (or the access to it) is unsuitable for our vehicle, in which case our sole liability will be to make the products available for collection by you, from our premises and we reserve the right to charge for any costs spent or incurred for our time spent on a failed delivery.
3.7 Your obligations in relation to delivery of the products. you must fully cooperate with us and provide us, our employees, agents, consultants and subcontractors with access to your premises and other facilities as are reasonably requires by us to deliver the products to you.
3.8 Your legal rights if we deliver products late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) and you told us before we accepted your order that delivery within the delivery deadline was essential.
3.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 3.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
3.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 3.8 or clause 3.9, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01922 721133 or email us at email@example.com for a return label or to arrange collection.
3.11 When you become responsible for the products. A product will be your responsibility from the time we deliver it to the address you gave us or you or a carrier organised by you collect it from us.
3.12 When you own the products. You own a product once we have received payment in full.
3.13 Inspection of products. You must inspect the products on delivery. If any products are damaged or there is a shortfall in the number of items that are delivered, you must inform us by writing to us at firstname.lastname@example.org within three working days of delivery. You must also allow us a reasonable opportunity to inspect the damaged products, without which, no refund or replacement products will be provided.
3.14 What will happen if you do not give required information to us? We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
3.15 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
3.16 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 consecutive days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 consecutive days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
3.17 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
4. Your rights to end the contract
4.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 7;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 4.2;
(c) If you have just changed your mind about the product, see clause 4.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 4.6.
4.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 consecutive days; or
(e) you have a legal right to end the contract because of something we have done wrong.
4.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
4.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) any bespoke products created specifically to your requirements and specifications (such as sign lights);
(b) any products which become mixed inseparably with other items after their delivery.
4.5 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the products unless your products are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
4.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know and we will provide you with a goods return number (GRN). You must quote the GRN when returning any products to us and the return must be completed within 60 days of us providing you with the GRN. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation / handling fee for the net costs we will incur as a result of your ending the contract.
5. How to end the contract with us (including if you have changed your mind)
5.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 01922 721133 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at Portland Lighting, Unit 2 Reedswood Park Road, Walsall, WS2 8DQ, including details of what you bought, when you ordered or received it and your name and address.
5.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the products to us at Portland Lighting, Unit 2 Reedswood Park Road, Walsall, WS2 8DQ or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 01922 721133 or email us at firstname.lastname@example.org for a return label and GRN or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
5.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
5.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. These costs will be notified to you at the time that you arrange collection.
5.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
5.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
5.7 When your refund will be made. We will make any refunds due to you as soon as possible after receiving the returned product from you (where delivery has been made) or, receiving notification from you to cancel the contract (where delivery has not yet been made).
6. Our rights to end the contract
6.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
6.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 6.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
6.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. If we do this, will refund any sums you have paid in advance for products which will not be provided.
7. If there is a problem with the product
7.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01922 721133 or write to us at email@example.com or Portland Lighting, Unit 2 Reedswood Park Road, Walsall, WS2 8DQ.
7.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights. For detailed information about your legal rights please visit the Citizens Advice website www.adviceguide.org.uk.
7.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 01922 721133 or email us at firstname.lastname@example.org for a return label and GRN or to arrange collection.