Important Legal Notice 1. INFORMATION ABOUT US
www.icone.co.uk(“website”) is operated by Locatedesign Limited (“we” or “us”). We are registered in England and Wales under company registration number : 07165512 with our registered office at 17-19 Park Street, Lytham St Annes, Lancs. FY8 5LU. Our VAT No is GB 104713941.
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 consumers. Please read these conditions carefully before ordering any goods from the website. In ordering any goods from the website “you” as the consumer purchasing goods agree to be bound by these conditions.
You should print a copy of these conditions for future reference.
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.
2. SERVICE AVAILABILITY2.1 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. 2.2 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. 2.3 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 3.1 By placing an order through our website, 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 as a consumer. If you wish to purchase any goods for business purposes then our terms and conditions of sale to businesses 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 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 price of the goods and 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 (whether through the website or by telephone) are subject to acceptance by us, and the contract will only be formed when we despatch the goods to you. 4.4 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. 4.5 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. 4.6 You will take responsibility for retaining a copy of any e-mail confirmation received in accordance with condition 4.3 above.
5. CONSUMER RIGHTS 5.1 You are legally entitled to cancel the contract at any time within seven days from the date of receipt of the goods by you (the “cancellation period”). If the contract is cancelled in this way within the cancellation period you will receive a full refund of the price paid for the goods in accordance with our refund policy set out in condition 12. 5.2 In order to exercise your right of cancellation you must provide us with written notice of your cancellation within the cancellation period. The goods must then be returned to us, unused, in their original packaging, in the same condition in which you received them, at your own cost and risk. You must take reasonable care of the goods while they are in your possession. If you fail to do so, we may have a right of action against you for compensation. 5.3 You will have no right to cancel a contract for the supply of any goods which are personalised or made for your specification in any way.
6. PRICE AND PAYMENT 6.1 Payments must be made when you place an order (please see How to use this Website for payment information). 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. 6.2 The price to be paid by you is the price displayed on the website at the time when your order is received by us. 6.3 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 6.3, the order will be deemed cancelled and where you have already made payment for the goods this will be refunded in full. 6.4 We are under no obligation to provide goods to you at an incorrect price, even after we have issued an e-mail confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing. 6.5 Payment must be made by one of the credit or debit cards listed in the Frequently Asked Questions section of the website. No payment will be deemed to have been received until we have received cleared funds. 6.6 The prices for the goods are inclusive of any value added tax but do not include delivery charges unless expressly stated otherwise. 6.7 If any additional delivery costs become payable by you pursuant to condition 8.1 we shall invoice you immediately in respect of these costs. Any such invoice shall be payable within 30 days of the date of the invoice.
7. 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.
8. DELIVERY 8.1 Unless otherwise agreed, we will deliver the goods to the delivery address notified to us by you at the time of order. In the event that you notify us of any change to the delivery address after the date on which the goods have been despatched to you, we reserve the right to pass on any additional delivery costs to you, 8.2 Subject to condition 8.3, we will use reasonable endeavours to deliver the goods within 48 hours of the E-mail Confirmation where such delivery is within the United Kingdom mainland. However, delivery of goods not held in stock may take up to [5] weeks. In any event, if we cannot fulfil your order within 30 days of your payment we will notify you of this situation and you will be entitled to a refund if you do not wish to wait any longer for the goods. 8.3 Any delivery dates given by us are estimates only. Time of delivery is not of the essence of the contract. 8.4 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: 8.4.1 risk in the goods will pass to you (including for loss or damage caused by our negligence); 8.4.2 the goods will be deemed to have been delivered; and 8.4.3 we may store the goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance. 8.5 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. 8.6 It is your responsibility to check the goods for any damage and that they are what you ordered upon receipt and you must inform us of such damage within [48] hours of delivery. If you fail to inform us of any such damage, you are deemed to have accepted the goods. 8.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to 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. RISK/TITLE 9.1 The goods will be at your risk from the time of delivery (or deemed delivery). 9.2 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.
10. WARRANTIES 10.1 If you are buying goods through our website, the 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. 10.2 We warrant that on delivery, the goods shall be of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. 10.3 If the goods we deliver are not what you ordered or are damaged or defective you must give us written notice of the problem within 48 hours of receipt of the goods by you. 10.4 If any of the goods do not conform with the warranty in condition 10.2 the provisions set out in condition 12 will apply. 10.5 If we comply with condition 10.4 we will have no further liability for a breach of the warranty in condition 10.2 in respect of such goods. 10.6 Notwithstanding the provisions set out in this condition 10 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.
11. LIABILITY 11.1 Subject to conditions 5, 8 and 10, the following provisions set out our entire financial liability to you in respect of: 11.1.1 any breach of these conditions; 11.1.2 any use made or resale by you of any of the goods; and 11.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the contract. 11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by sections 12, 13, 14 and 15 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract. 11.3 Nothing in these conditions excludes or limits our liability to you: 11.3.1 for death or personal injury caused by our negligence; 11.3.2 for any matter which it would be illegal for us to exclude or attempt to exclude our liability; or 11.3.3 for fraud or fraudulent misrepresentation. 11.4 Subject to conditions 11.2 and 11.3: 11.4.1 we will not be liable, whether in tort (including for negligence or breach of statutory duty), contract misrepresentation or otherwise for:
(i) loss of income or revenue; (ii) loss of business; (iii) loss of profits; (iv) loss of contracts; or (v) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
11.4.2 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract is limited to the price paid for the goods. 11.5 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. 11.6 Nothing in these conditions is intended to limit or exclude any rights you may have as a consumer or to limit or exclude the contract cancellation rights set out in condition 5.
12. REFUNDS AND EXCHANGE POLICY 12.1 Refunds will be provided in the following circumstances: 12.1.1 Change of mind
In the event that you cancel the contract within the cancellation period, in accordance with condition 5, having provided us with written notice of your cancellation within the cancellation period and having returned the goods to us, unused, in their original packaging, in the same condition in which you received them, at your own cost and risk, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In such circumstances we will refund the price of the goods in full, including the cost of sending the goods to you. You are responsible for the cost of returning the goods to us; or 12.1.2 Faulty/damaged goods
If you wish to cancel the contract for any other reason (for instance, because you claim that the goods are defective or do not conform with their description) 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. 12.2 We will usually refund any money received from you using the same method originally used by you to pay for the goods. 12.3 In addition to your rights under condition 5, we will exchange any goods returned to us within 30 days of receipt of the goods by you. The goods must be returned to us, unused, in their original packaging, 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 the original payment card prior to despatch of the exchange goods. You will be responsible for all delivery charges incurred in returning the goods to us and despatching the exchange goods to you. 12.4 Sale/Clearance Goods - all sale/clearance goods are non-refundable unless there is a fault with the product. Goods may be returned for a credit note if the goods are not suitable, but the cost of return must be borne by the customer. 12.5 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.
13 COMPLAINTS POLICY
We are committed to providing a quality service to you and value your views, opinions and feedback on any goods which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us and we will endeavour to rectify any problems.
If the complaint relates to the quality or specification of goods please refer to our refund policy at condition 12. For any other complaints, queries or to provide us with feedback, please contact us at sales@icone.co.uk. We will endeavour to contact you within 3 working days of receiving your email and will work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our goods and the services which we have provided to you are to your satisfaction.
14. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the 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. The provisions set out in this condition do not affect your statutory rights.
15. 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 14 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.
16 GENERAL 16.1 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. 16.2 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. 16.3 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. 16.4 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. 16.5 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. 16.6 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. 16.7 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. 16.8 The Waste Electrical and Electronic Equipment (or WEEE) Regulations are now UK law. All European member States including the UK have agreed to reduce the amount of WEEE that is being disposed of in landfill sites.
We are doing our bit under these new regulations by offering our customers free take back on their WEEE items on a like-for-like basis when they buy new Electrical or Electronic products from us.
For example if you purchase a lamp which includes a fluorescent bulb, then we will accept your old lamp and prevent it from going into a lanfill site by disposing of it safely. Customers must return their WEEE items to us within 28 days of purchasing their new item. Please request this service when making your purchase.
Under the WEEE Regulations, all new electrical goods should now be marked with the crossed out wheeled bin symbol. Goods are marked with this symbol to show that they were produced after 13th August 2005 and should be disposed of separately from normal household waste. 16.9 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.
