WEBSITE TERMS AND CONDITIONS
WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://www.sblite.co.uk. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The SB Lite website is operated by: SB Lite Limited
UK Registration Number: 7580508
We are registered for VAT. Registration number:GB111352763
Our contact details are as follows:
Address: Unit 5 Dutton Road, Sheffield. S6 2AG
General email: email@example.com
Telephone number:0114 2997835
SB Lite Limited operates under the name SB Lite.
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register,
1.2 We may revise these terms and conditions at any time by updating this page. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered to the email address you provided at the time of registration.
2.2 Our acceptance of an order takes place when we change the order status to pending. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
a) where goods are not available;
b) where we cannot obtain authorization for your payment
c) if there has been a pricing or product description error; or
d) if you do not meet any eligibility criteria set out in our terms and conditions.
3.1 Our prices do include VAT at a rate of 20%.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed periodically and reserve the right to change prices without notice.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
a) you can notify us by email to firstname.lastname@example.org before we have dispatched the goods to you; or
b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: -
a) in the event that the product has been used.
b) to any products that we have made or customized specifically for you.
The provisions of this clause 4.4 do not affect your statutory rights.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying text; and
c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material:
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
b) For which you have not obtained all necessary licenses and/or approvals;
c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
a) you do not remove, distort or otherwise alter the size or appearance of the SB Lite logo
c) you do not create a frame or any other browser or border environment around this Website;
d) you do not in any way imply that we are endorsing any products or services other than our own;
e) you do not misrepresent your relationship with us nor present any other false information about us;
f) you do not otherwise use any SB Lite trade marks displayed on this Website without our express written permission;
g) you do not link from a website that is not owned by you; and
h) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with SB Lite you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 We, and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for
a)death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
b) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Our sales terms and conditions:
SB Lite Terms & Conditions of Sale
The following General Terms and Conditions of Sale and Supply form part of the contract between SB Lite Limited AS (SB LITE) and the contracting party. Amendments to these General Terms and Conditions of Sale and Supply may only be made in writing by SB LITE.
2. OFFERS / CONCLUSION OF CONTRACT
Offers made by SB Lite are without obligation in respect of prices, quantities and delivery dates. The contract exists to the extent that SB LITE has confirmed in writing its acceptance of the order or accepts the order through the delivery of the goods.
3. PRICES AND TERMS OF PAYMENT
Unless otherwise specially agreed, prices are as per quotation. Invoices are payable immediately and without deduction. Payments are not considered to have been made until cleared funds are available in SB Lite's bank account. SB LITE reserves the right to apply payments by the contracting party in settlement of the oldest invoice items outstanding plus default interest and costs. Payment will be applied in the order of costs, default interest, principal claim. A right of retention on the part of the contracting party is excluded. The contracting party may set off claims against SB Lite only if these claims are accepted by SB Lite or recognized by declaratory judgment.
Delivery is as per Quotation. Unless definite fixed delivery dates or a definite period of delivery are expressly agreed in writing in individual cases, the dates or periods of delivery quoted shall be regarded as guidelines which SB Lite will endeavour to comply with. Exceeding these dates or periods shall not constitute any default on the part of SB LITE. Alternatively, in the event that delivery dates / delivery periods are expressly agreed, the delivery period shall commence upon dispatch of the order confirmation, however not before the documents, permits and approvals to be furnished by the contracting party are to hand and any agreed advance payment has been received.
The delivery period shall be regarded as complied with provided that, prior to its expiry, the contracting party shall have been notified that the delivery item is ready for dispatch. The delivery period shall be appropriately extended in cases of force majeure such as e.g. industrial disputes, in particular strikes and lockouts, fire, flood, want of energy, raw materials or process materials, official injunctions or other impediments for which SB Lite is not responsible. This shall likewise apply in the event that such circumstances afflict subcontractors to SB Lite. Should SB Lite be in default in the performance of the service it has committed to deliver, the contractual partner's claim for compensation shall be governed, mutatis mutandi, by section 11 of these terms and conditions.
In the event that dispatch is delayed at the request of the contracting party, following notification that the goods are ready for dispatch the costs incurred in storage will be billed to the contracting party; in the case of storage at SB Lite's works there will be a charge of five (5) percent of the invoice value for each month of storage unless otherwise agreed in writing by SB Lite. Seven (7) days of delay of dispatch is already considered as one (1) month. SB LITE reserves the right, should the manufacturer or supplier change the design and shape or change the scope of the delivery or vary the colour tone up to the time of delivery, to change the order provided however that such changes and variances are reasonable from the point of view of the customer, due regard having been paid to SB LITE's interests.
5. RESERVATION OF TITLE
The goods delivered by SB Lite (reserved goods) remain its property until its full claims under the purchase agreement against the contractual partner are fulfilled.
5.1 PASSING OF OWNERSHIP
Until ownership of the goods has passed from SB LITE to the contracting party, the contracting party will:
5.1.1 store the goods (at no cost to SB Lite) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as
SB Lite's property;
5.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on SB Lite's behalf for their full price against all risks to the reasonable satisfaction of SB Lite. On request you shall produce the policy of insurance to SB Lite; and condition and keep them insured on the SB Lite's behalf for their full price against all risks to the reasonable satisfaction of SB Lite. On request you shall produce the policy of insurance to SB Lite and hold the proceeds of the insurance referred to in on trust for SB Lite and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
5.2 RIGHT TO POSSESSION OF THE GOODS
The right to possession of the goods of the contracting party shall terminate immediately if:
5.2.1 The contracting party has a bankruptcy order made against it or makes an arrangement or composition with its creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for winding up or for the granting of an administration order in respect of it, or any proceedings are commenced relating to insolvency or possible insolvency; or
5.2.2 it suffer or allow any execution, whether legal or equitable, to be levied on its property or obtained against it or it is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or it cease to trade; or it encumber or in any way charge any of the goods.
6. THE PARTIES FINANCIAL CONDITION
Should it become apparent for SB Lite after the conclusion of the contract that the entire performance of the contractual obligations of contracting party are at risk due to the lack of capacity, SB LITE shall be authorized to refuse any previous performance of its contractual obligations, unless and until such time contracting party provides any and all consideration owed under the contract or gives security in the form of a deposit of the respective money amount or a surety ship deposit for the benefit of SB Lite of a credit bank authorized for business in the United Kingdom.
SB Lite is entitled to terminate its contractual obligations to contracting party without any further liability, as far as the contracting party does not comply with the order to perform the consideration or to achieve the security contemporaneous performance for the performance during a reasonable period of time determined by SB Lite.
SB LITE is entitled to withdraw from the contract without setting a final deadline or to terminate the contract without notice in the event the contracting party shall become insolvent or over indebted or insolvency proceedings are initiated. In case of withdrawal from the contract or termination, contracting party shall remain obligated to compensate SB Lite for any and all resulting damages associated with non-performance and termination hereunder.
7. ASSIGNMENT OF DEBTS
The contracting party is not entitled to assign his debts or to have them collected by a third party without SB Lite's prior written consent, which may not, however, be unreasonably withheld. Should the contracting party assign his debts to a third party without SB Lite's consent, the assignment is nonetheless valid. SB Lite may, however, make payment to the contracting party or the third party at their discretion with the effect of discharging the debt.
8. NOTICE OF DEFECTS
Should the contractual partner discover a defect in the goods supplied then the claim in respect of defective goods shall be reported to SB Lite in writing immediately after the delivery has been received by the contractual partner and in the case of obvious defects at the latest within seven (7) working days, together with necessary documents. In the case of concealed defects, written notice must be given immediately upon detection, however no later than four (4) months following receipt of delivery by the contracting party. The onus shall be upon the contracting party to prove the existence of a concealed defect. Should defects not be notified in accordance with the above requirements, no claims may be made under the terms of the guarantee. Goods, which are the subject of complaint, may be returned to SB Lite only when express approval is given in writing by SB Lite.
In the event of defects SB Lite will at its discretion either carry out rectification or supply a replacement. Claims by the contracting party to compensation for expenses incurred in conjunction with the subsequent performance, in particular transport, travel, labour and material costs are excluded where such expenditure is increased because the defective delivery item has been transferred to a location other the contracting party's premises which does not accord with its evident purpose. Guarantee claims are likewise excluded if defects are attributable to the contracting party in consequence of a breach of operating, maintenance or installation instructions, unsuitable or improper use, incorrect or negligent treatment, overuse, natural wear and tear, or incorrect repair. Provided that the defects were not maliciously concealed, the claim for warranty expires one (1) year from the date of delivery to the contractual partner
10. EXTENT OF WARRANTY
SB Lite's warranty extends to all parts of an installation, as well as any modifications of the fittings and to all specially designed product components for a period of one (1) year from date of delivery and acceptance. A warranty for all further defects in the installation, in particular for defects in the computer, Internet connection, circuits, and other components of the unit, is excluded.
SB Lite shall not be liable 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 whatsoever (howsoever caused) which arise out of or in connection with this agreement.
12. NATURE AND QUALITY
The nature and quality of the goods supplied shall be exclusively as specified in the product descriptions and specifications issued by SB Lite and not in accordance with any public statements, any type of praising or advertising statements. Public statements, recommendations, and advertisements shall not be applicable. Advice both verbal and written is given by SB Lite to the best of its knowledge and belief. Such advice must however be regarded as noncommittal and in no way exempts the contracting party from the need to independently verify that the goods supplied are suitable for the intended processes and purposes. SB Lite expressly draws attention to the fact that no specially designed product and no specially designed product component provide comprehensive protection against an attack with weapons. A guarantee or a warranty for the physical safety of the occupants of a swimming pool or for the user of a specially designed pool unit or a sauna in the event of a physical condition or misconduct by a third person is not assumed by SB Lite.
13. APPLICABLE LAW & JURISDICTION
These General Terms and Conditions of Sale and Supply will be subject to laws of England and Wales and the English courts will have jurisdiction in respect of any dispute arising from the contract.
Should any individual provisions among these General Terms and Conditions of Sale and Supply be or become invalid, the validity of the remaining provisions hereof shall in no way be affected.