Important Legal Notice 1. INFORMATION ABOUT US www.icone.co.uk (“website”) is a site operated by Icône Limited (“we” or “us”). We are registered in England and Wales under company number 05234288 and with our registered office at 25 Brunel Parkway, Pride Park, Derby DE24 8HR (also our main trading address). Our VAT number is 85647448.
This page (together with the documents referred to on it) sets out the terms and conditions (“conditions”) upon which we supply any of the goods (“goods”) listed on the website to customers. These conditions apply to all orders made through the website or over the telephone. Please read these conditions carefully before ordering any goods from us. In ordering any goods from us “you” as the person, company or business purchasing goods agree to be bound by these conditions.
You should print a copy of these conditions for future reference.
If you are ordering goods from the website please click on the button marked “I Accept” at the end of the conditions if you accept them. Please understand that if you refuse to accept the conditions, you will not be able to order any goods from the website.
If you are ordering goods over the telephone our quotation which is sent out to you will be subject to these conditions. Please understand that if you subsequently order any of the goods set out in our quotation, you will be deemed to have accepted these conditions.
2. SERVICE AVAILABILITY
Our website is only intended for use by people resident in the countries listed in the serviced countries page on our website (“serviced countries”). We do not accept orders from outside those countries.
If you order goods from outside the United Kingdom, those goods may be subject to import duties and/or taxes which are levied when the goods reach their destination. You accept responsibility for the payment of any such import duties and/or taxes.
You must comply with any laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
3. YOUR STATUS
By placing an order through our website or over the telephone, you warrant that:
(a) You are legally capable of entering into binding contracts; and (b) You are (in the case of an individual) at least 18 years old; (c) You are resident in one of the serviced countries; and (d) You are purchasing the goods for business purposes and not as a consumer. If you wish to purchase any goods and you are a consumer then our terms and conditions of sale to consumers will apply to the contract.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US 4.1 The contract for the sale of the goods by us to you (“contract”) will only be formed in accordance with this condition 4. These conditions apply to the sale by us to you of all and any goods purchased through the website or by telephone and govern each contract to the exclusion of any other terms and conditions introduced or submitted by you. 4.2 Please see our Frequently Asked Questions page on our website for information on how to place an order and how to amend an order during the ordering process. 4.3 After placing an order through the website, you will receive an e-mail from us acknowledging that we have received your order and comprising a description of the goods, the delivery costs (where applicable) and the estimated delivery time for the goods (“e-mail confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods. All orders are subject to acceptance by us, and the contract will only be formed when we despatch the goods to you. 4.4 After placing an order over the telephone, you will receive a quotation from us setting out details of the prices at which we may supply the goods to you (“quotation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods. All orders are subject to acceptance by us, and the contract will only be formed when we despatch the goods to you. 4.5 Any descriptions or illustrations of the goods do not form part of the contract and any typographical error or omission in any sales literature, quotation, price list, e-mail confirmation, invoice or other document or information issued by us are subject to correction without any liability on our part. 4.6 Any advice or recommendation given by us to you as to the storage, application or use of the goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk. 4.7 You will take responsibility for retaining a copy of any e-mail confirmation received in accordance with condition 4.3 above.
5. PRICE AND PAYMENT 5.1 The time at which payment must be made for the goods is dependent upon how you place an order with us: 5.1.1 If you place an order using the website, payment must be made when you place an order (please see the How to use this Website page on our website for payment information); 5.1.2 If you place an order over the telephone payment may be required (at our option):
(i) in full when you place an order;
(ii) by a non refundable deposit of up to 40 percent of the price of the goods when you place an order, with the balance to be paid prior to delivery of the goods, or upon receipt of our invoice issued following the despatch of the goods; or
(iii) in full upon receipt of our invoice issued following the despatch of the goods.
5.2 Where payment is made at the time of order, we will carry out the necessary card verification processes and check availability of the goods on receipt of your order. If we are unable to supply any goods for any reason, we will inform you as soon as possible and we will provide you with a refund for these goods within 30 days. 5.3 Where payment is to be made prior to the delivery of the goods, we reserve the right to withhold delivery of those goods until all outstanding amounts have been paid to us. 5.4 Where payment is to be made following receipt of our invoice, all invoices shall be payable within 30 days of the date of the invoice. 5.5 The price to be paid by you is the price displayed on the website at the time when your order is received by us, or the price provided in our quotation sent out to you. 5.6 If we discover an error in the price of the goods ordered by you, we will notify you as soon as possible providing you with the option of either reconfirming the order at the correct price or cancelling the order. If we are unable to contact you for the purposes of this condition 5.6, the order will be deemed cancelled and where you have already made payment for the goods this will be refunded in full. 5.7 We are under no obligation to provide goods to you at an incorrect price, even after we have issued a quotation or e-mail confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. 5.8 Payment must be made by one of the credit or debit cards listed in the Frequently Asked Questions section of our website, or by BACS transfer or cheque. No payment will be deemed to have been received until we have received cleared funds. 5.9 The prices for the goods are inclusive of any value added tax but do not include delivery charges unless expressly stated otherwise. 5.10 If you fail to pay any invoice within 30 days of the date of issue, we may charge interest on the amount outstanding from the due date for payment at the annual rate of 1.5% above the base lending rate from time to time of Royal Bank of Scotland, accruing on a daily basis until payment is made, whether before or after any judgment.
6. PACKAGING
We will use reasonable endeavours to ensure the goods are appropriately packaged prior to despatch but the packaging of the goods is at our discretion and we have the right to pack all the goods in such manner, and in such quantities as we think fit and we are not obliged to comply with any packaging requests or instructions from you.
7. DELIVERY 7.1 Unless otherwise agreed, we will deliver the goods to the delivery address notified to us by you at the time of order. 7.2 Subject to condition 7.3, where goods are ordered using the website and where delivery is within the United Kingdom mainland we will use reasonable endeavours to deliver the goods within 48 hours of our E-mail confirmation. However, delivery of goods not held in stock may take up to 5 weeks. In the event we reasonably consider delivery is likely to take in excess of 5 weeks we will notify you of the likely period of delay as soon as possible. If no dates are so specified, delivery will be within a reasonable time. 7.3 Any delivery dates given by us are estimates only. Time of delivery is not of the essence of the contract and time for delivery will not be made of the essence by notice. 7.4 Subject to the other provisions of these conditions, we will not be liable to you for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by our negligence), nor will any delay entitle you to terminate or rescind the contract unless such delay exceeds [180] days. 7.5 If for any reason you fail to accept delivery of any of the goods when they are ready for delivery, or we are unable to deliver the goods on time because you have not provided appropriate instructions, documents, licences or authorisations: 7.5.1 risk in the goods will pass to you (including for loss or damage caused by our negligence); 7.5.2 the goods will be deemed to have been delivered; and 7.5.3 we may store the goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 7.6 We may deliver the goods to you by separate instalments. Each instalment is a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment. 7.7 It is your responsibility to check the goods for any damage upon receipt and you must inform us of such damage within 48 hours of delivery, providing full particulars of such damage (and photographic evidence if available). If you fail to inform us of any such damage, you are deemed to have accepted the goods in good condition.
8. RISK/TITLE 8.1 The goods will be at your risk from the time of delivery (or deemed delivery). 8.2 Ownership of the goods will pass to you when we have received payment for the goods from you in full and the goods have been delivered to you.
9. WARRANTIES 9.1 If you are buying goods which appear on our website, those goods are directed solely at those who access the website from the serviced countries. We make no representations that any goods are appropriate for use or available in other locations. 9.2 We warrant that (subject to the other provisions of these conditions) on delivery the goods shall be of satisfactory quality within the meaning of the Sale of goods Act 1979. 9.3 We will not be liable for a breach of the warranty in condition 9.2 unless: 9.3.1 you give us written notice of the defect, providing full particulars of such damage (and photographic evidence if available), within 48 hours of receipt of the goods by you; and 9.3.2 we are given a reasonable opportunity after receiving the notice of examining such goods if requested by us. 9.4 We will not be liable for a breach of the warranty in condition 9.1 if: 9.4.1 you make any further use of such goods after giving such notice; 9.4.2 the defect arises because you failed to follow any written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; or 9.4.3 You attempt to alter or repair the goods without our consent. 9.5 Subject to condition 9.3 and condition 9.4, if any of the goods do not conform with the warranty in condition 9.2 we shall at our option arrange for the repair or replacement of such goods (or the defective part) or refund the price of such goods at the pro rata contract rate provided that, if we request, you will, at our expense, return to us the goods or the part of such goods which is defective. 9.6 If you comply with condition 9.5 we will have no further liability for a breach of the warranty in condition 9.2 in respect of such goods. 9.7 Notwithstanding the provisions set out in this condition 9, you acknowledge that we do not manufacture the goods but we will endeavour to transfer to you the benefit of any warranty or guarantee given to us by the manufacturer.
10. LIABILITY 10.1 Subject to condition 7 and condition 9, the following provisions set out our entire financial liability to you in respect of: 10.1.1 any breach of these conditions; 10.1.2 any use made or resale by you of any of the goods; and 10.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the contract. 10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract. 10.3 Nothing in these conditions excludes or limits our liability to you: 10.3.1 for death or personal injury caused by our negligence; or 10.3.2 for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or 10.3.3 for fraud or fraudulent misrepresentation. 10.4 Subject to condition 10.2 and condition 10.3, our liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the contract shall be limited to the purchase price of the goods you purchased. 10.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. 10.6 Where you buy any goods from a third party seller through our website, the seller’s individual liability will be set out in the seller’s terms and conditions.
11. REFUNDS AND EXCHANGE POLICY 11.1 Refunds will only be provided where the goods are defective or do not conform with their description. In these circumstances you should contact us at sales@icone.co.uk giving us full particulars (including photographic evidence if available) of the defective nature of the goods. If necessary, we will examine the returned goods and will notify you of the results of such examination within a reasonable period of time. If the goods are found to have been defective then we will (at your option) offer to repair or replace the goods, or reduce or refund the price of the goods. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the confirmation to you that you are entitled to a refund for the defective goods. Goods returned by you as a result of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you (if paid by you) and the cost incurred by you in returning the item to us. 11.2 If you wish to return goods to us which are not defective you shall not be entitled to a refund, and any exchange of those goods shall be at our discretion. In the event that we agree to exchange your goods, the goods must be returned to us, unused, in their original packaging and in the same condition in which you received them. In such circumstances we will request from you details of the exchange goods and any difference in price will be charged or debited to you. You will be responsible for all delivery charges incurred in returning the goods to us and despatching the exchange goods to you. 11.3 Bulbs – some products may be supplied with bulbs by the manufacturer. The manufacturer supplies bulbs at their discretion, but in the event of damage in-transit or fault at installation, the manufacturer will not replace the bulbs. Icone Limited will not accept responsibility for the replacement of bulbs on behalf of the manufacturer.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. If you order goods from our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that you provide to us electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. NOTICES
All notices given by you to us must be sent either by e-mail to sales@icone.co.uk or by post at the address set out in condition 1 above. We may give notice to you at either the e-mail address or postal address you provide to us when placing an order, or in any of the ways specified in condition 12 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or three days after that date of posting of any letter. 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.
14. GENERAL 14.1 We may assign the contract or any part of it to any person, firm or company. You may not be entitled to assign the contract or any part of it without our prior written consent. 14.2 We may defer the date of delivery or cancel the contract or reduce the volume of the goods ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials. 14.3 If any provision of the contract or these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to that extent be severed and the remaining provisions of the contract or these conditions and the remainder of such provision shall continue in full force and effect. 14.4 Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract. 14.5 Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract. 14.6 No term of the contract shall be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it. 14.7 These conditions, together with our current website prices, delivery details, contract details and privacy policy, 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. 14.8 The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and any disputes shall be resolved exclusively in the English Courts.
