Terms & Conditions
- All orders for goods (the “Goods”) to be supplied by LED Hero Ltd or any of it’s subsidiary companies as the case may be (hereinafter referred to as the “Company”) are subject to these conditions of sale and the placing of an order by a buyer (“the Buyer”) will constitute acceptance of these conditions.
- These conditions may not be modified or varied unless the Company agrees in writing and the Company will not be deemed to accept any other conditions not waive any of these conditions by failing to object to provisions contained in any purchase order or other communications from the Buyer. No person has authority on behalf of the Company to vary any conditions except by a written variation signed by a director or the company secretary.
- Unless otherwise agreed by the Company in writing, orders are payable in full on our website at the time ordering your products. If your payment has not been made on checkout, your products will not be sent to yourself. If under any circumstances the website has not been successful in taking your funds and you have received your items, we therefore have 30 days to debit any funds from your account.
- The Buyer will indemnify the Company against all cost, losses and liability including but not limited to all legal expenses and disbursements incurred by the Company in recovering any amount which is overdue from the Buyer to the Company pursuant of the Agreement or otherwise.
- Unless otherwise agreed in writing all orders are executed subject to prices and any relevant discounts ruling at the date of receipt of the order and any price list of the Company whether published or not will not affect the right of the Company to charge for Goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate.
- In the event of termination, variation or suspension of a contract on the Buyer’s instruction or by lack of instruction, the website price will be adjusted to reflect the additional costs incurred by the Company. Where a price per unit has been quoted and the Buyers requires a smaller number of units to be delivered than those quoted for, the Company reserves the right to adjust the rates of prices applicable thereto.
- The Buyer may place orders on our website or by phoning up our sales team.
MARKETPLACE / RESELLING
- Products must be purchased and received from the selling Store prior to it being advertised on your, or third party websites.
- You may not use the ledhero.co.uk website for products shown on your or third party websites. All products purchased from your selling-store site(s) must be shipped by you from your location.
- Your website may not list individual LED Hero Ltd locations or telephone numbers.
- You may not advertise or reference yourself as a LED Hero ‘affiliate’ in any way.
- Customers may not use the LED Hero trademark or other LED Hero Ltd trade names other than in your or third party website’s title or meta tags, nor can you purchase and use keyword phrases including the LED Hero trademarked names on search engines.
- Under no circumstances should the LED Hero trademark, product pictures, content be used on your website/ third party websites or other marketing materials without prior written consent from the Company.
- Delivery dates (if any) given by the Company are given in good faith to indicate estimated delivery times but will not amount to any contractual obligation to deliver at the times stated. The Company will not be liable for any loss including (but not limited to) loss of profit, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence) nor unless any delay exceeds 180 days will such delay entitle the Buyer to terminate or rescind the contract.
- If the Buyer fails to take delivery of any of the Goods when they are ready for delivery, or fails to provide any instructions or authorisations required to enable Goods to be delivered on time the Goods will be deemed to have been delivered and (without prejudice to it’s other rights) the Company may:-
- store the Goods until actual delivery or sale and charge the Buyer for all related costs and expenses (including, without limitation, storage and insurance); and/or – following written notice to the Buyer, sell any of the Goods at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the price agreed with the Buyer.
PASSING OF TITLE/RISK
- Risk of damage to or loss of the Goods will pass to the Buyer upon delivery.
- Ownership of the Goods will not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods.
- Until ownership of the Goods has passed to the Buyer, the Buyer must:
- Hold the Goods on a fiduciary basis as the Company’s bailee;
- Store the Goods (at it’s own cost) separately from all other goods of the Buyer or any third party so that they are identifiable as the Company’s property;
- Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
- Maintain the Goods in satisfactory condition insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer will produce evidence of the policy of insurance to the Company; and
- Hold any proceeds of such insurance on trust for the Company separately from any other money, and not pay the proceeds into an overdrawn bank account.
- The Buyer may resell the Goods before ownership has passed to it provided such sale is:
- in the ordinary course of the Buyer’s business at full market value and the Buyer will account to the Company accordingly; and
- on the Buyer’s own behalf and the Buyer deals as principal when making such sale.
- If the Company cannot determine which goods are the Goods, the Buyer will be deemed to have sold all goods sold by the Company to the Buyer in the order which they were invoiced to the Buyer.
- The Company will be entitled to recover payment for the Goods notwithstanding that ownership of any Goods has not passed from the Company.
- The cost of next day day delivery to a single address within mainland UK is charged to the customer at a rate of £8 excluding VAT. All orders for Next Day service must be placed by 12pm on the date of order to quality for Next Day service and will be delivered the next working day thereon or the following day after if 2pm deadline has passed. Saturdays and Sundays and Bank Holidays are not applicable to any delivery service we offer.
DAMAGE IN TRANSIT AND SHORTAGES
- The Company will repair or replace free of charge, Goods damaged in transit provided that the Company and its designated carriers receive written notification of such damage within three days of delivery. Goods received in a damaged or unsatisfactory condition must be signed for as such.
- On receipt all goods should be checked by the Buyer with the advice note enclosed with the Goods. Shortage claims or mispicks will be considered if the Company and its designated carriers receive written notification of any such shortage within three days of delivery failing which no liability will be admitted. In any such case, the packaging and contents should be retained for inspection.
- The Company will honour product guarantees by replacing any faulty products still under a valid warranty, subject to fair usage policy, the Company cannot be held responsible for any incurred installation charges as a result of replacement. Should a product become discontinued a like for like product will be offered as a replacement.
- Goods correctly supplied may be returned without the Company’s written agreement within 14 days of purchase date at the cost of the customer. Goods so returned must be consigned carriage paid and accompanied by a Returns Form stating the recipients invoice/order number and date thereof together with the reason for return.
- Goods supplied in error returned for exchange will be shipped back to the buyer at the Company’s expense.
- Goods returned due to miss-pick, damage or failure should be sent Royal Mail 2nd Class Recorded Delivery as we will not reimburse any other method of shipment.
- Goods returned outside of the 14-day return period must be in a resalable condition and will be non refundable. If the customers deem the product faulty they may be covered by our 2 year manufacturers warranty, unless the warranty is registered online please read the warranty policy available on our website.
- Goods returned outside of the 14-day return period that do not include their original packaging will not be accepted under any circumstances.
- Goods returned within 14 days of purchase not including their original packaging must be in perfect operational condition and will be charged a 15% restocking fee.
- Any Goods returned to the Company inside of 14 days of purchase will be reimbursed the cost of Basic Delivery.
- Any Goods returned to the Company that were not originally purchased from the Company will be made available for redelivery at senders expense for 7 days after delivery. The Company will not and does not take responsibility for any goods that are not theirs on their premises. After seven seven (7) days the goods will be destroyed.
- If you return goods that don’t adhere to our returns procedure or don’t include a returns form, you may be liable for a £10 administration fee.
- If the Goods are returned and are subsequently lost in transit the Company will only issue credit if it can be conclusively proved that the Company or its agents have actually removed the Goods from the Buyer’s premises.
DESCRIPTIVE MATTER, SPECIFICATIONS AND ILLUSTRATIONS
- All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and intended only to present a general idea of the goods to which they refer and will not form part of the contract. All particulars are provided by the manufacturer.
- The Company’s policy is one of continuous improvement and it reserves the right to make reasonable changes to product specifications at its discretion. When placing an order with the Company, the Buyer must satisfy himself that the Company’s then current specification of all the Goods is appropriate for it’s (or it’s customer’s) requirements.
LIMITATIONS OF LIABILITY
- Nothing in these terms and conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation, or the conditions as to title implied by section 12 of the Sale of Goods Act 1979 as amended from time to time.
- The Company’s total liability in contract tort (including negligence or breach of statutory duty) misrepresentation or otherwise, arising in connection with the performance of this contract will be limited to the price agreed for the Goods.
- The Company will not be liable to the Buyer by reason of any representation or any implied warranty, condition or other term, or any duty at law or under the express terms of contract for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation (whether caused by the negligence of the Company, its employees, agents or subcontractors) which arise out of or in connection with this contract.
VALUE ADDED TAX
- Where chargeable Value Added Tax will be charged at the rate applicable at the date the goods are dispatched.
- Unless otherwise agreed by the Company in writing, these conditions will in all respects be construed and operate as an English contract, inconformity with English Law, and the parties submit to the exclusive jurisdiction of the English courts.
- Any provision of this contract which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or part) will to the extent of such invalidity, voidance, unenforceability or unreasonableness be deemed severable and the other provisions of this contact and the remainder of such provisions will not be affected.
- Failure by the Company to enforce or partially enforce any provision of this contract will not be construed as a waiver of any rights under this contract.
CANCELLATION OF AN ORDER
- Your right to cancel an order for goods states the moment you place your order and ends fourteen (14) days from the day you purchase your goods. Any Orders cancelled and Goods returned to LED Hero inside of 14 days of purchase will be reimbursed the cost of Basic Delivery.
- A buyer requiring Goods from a quality assured source or certificates of conformity must specify its requirements in writing at the time of placing the order.
- The Company will not be liable to the Buyer in any matter or be deemed to be in breach of this contract because of any delay in performing or any failure to perform any of the Company’s obligations under this contract if the delay or failure was due to any cause beyond the Company’s reasonable control.
- Governmental actions, war, threat of war, national emergency, riot, civil disturbance, sabotage or requisition;
- Act of God, fire, explosion, flood, epidemic or accident;
- Import or export regulations or embargoes;
- Labour disputes not including disputes involving the Company’s work-force; or
- Inability to obtain or delay in obtaining supplies of adequate or suitable material, fuel, parts, machinery or labour.
- It is prohibited for anyone to use any device or software program to directly or indirectly interface, or attempt to interface with this website, to retrieve content, and or any other data, including prices. It is also prohibited to interfere, or attempt to interfere with the normal working of this website, any activity that we consider places undue load or stress on our systems will be terminated. We constantly monitor everyone accessing our website, and any automated systems, or persons conducting a unreasonable amount of searches, with an aim to access information and/or prices will be terminated, and the blocked from our websites. Your use of the website indicates your agreement to be bound by these Terms & Conditions.
- Goods bought from promotional offers that are offered as clearance or end of line will be refundable at the sale price only. If the item is no longer stocked by the company there will be no material replacement. Credit can be issued against a replacement product. All products in our “Lost & Found” section constitute clearance items.
- The Company will not be responsible for the compatibility of products bought from our website with the compatibility of products not bought form our website.