Terms and Conditions

OVERVIEW

We know you were going to do it anyway - of course you were - but we do suggest that you have a good read of these Terms & Conditions carefully before accessing or using our website, engaging our services or purchasing our products. This website is operated by Darklight Design Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Darklight Design Ltd. Darklight Design Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms & Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content. And/or cats who just wanted a warm keyboard to lie on.

By accessing or using any part of the site, engaging our services or purchasing our products, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Sad times. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. ONLINE STORE TERMS
1.1. By agreeing to these Terms & Conditions you represent that you are at least the age of majority in your area of residence, or that you are the age of majority in your area of residence and you have given us your consent to allow any of your minor dependents to use this site.
1.2. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3. You must not transmit any worms or viruses or any code of a destructive nature. Please, please don’t do that.
1.4. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS
2.1. We reserve the right to refuse service to anyone for any reason at any time.
2.2. You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. Even though it is all amazing.
2.4. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. PRICES
3.1. Goods are charged at prices shown on the product pages on the date the customer places the order and are inclusive of VAT. Prices are correct at publication, errors and omissions are excepted.
3.2. Orders will be accepted at our published prices, otherwise, in the case of any unexpected change or error in price, you will be informed and asked if you wish to reconsider your order before proceeding. Any difference in price will need to be paid in full before the order is accepted.
3.3. Darklight Design has the right to refuse any orders and should this happen you will be advised and refunded in full. Just know that it won’t make us happy.
3.4. Prices for our products are subject to change without notice.
3.5. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3.6. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
3.7. Our Price Pledge
3.7.1. We realise that price is important and we want you to rest assured that our prices are based on the recommended retail price. However, we are aware that some companies sell items for less. For this reason we offer our Darklight Design Price Pledge: if you see the same product on a different UK website please let us know and we will match it. We will need a written quotation from the retailer to do this.
3.7.2. If you have found one of our products elsewhere at a lower price or you have any queries regarding the Darklight Design price match then please get in touch on 01189 882294 (International 00 44 1189 882294) or email us at [email protected].

4. VAT (VALUE ADDED TAX)
4.1. All prices on this website include a UK sales tax of 20% for VAT. Since the UK has left the European Union (EU) this tax applies to UK customers only. 
4.2. For customers who reside outside of the UK, including both within & outside the EU, this tax will be deducted from your order at checkout.
4.3. Please note that import duties will need to be paid in accordance with local customs controls, and will need to be arranged by the customer.

5. SALES CONTRACT
5.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
5.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This does not mean that your order has been accepted - see 5.3.
5.3. We will confirm our acceptance of your order to you by sending you an e-mail that confirms the order and dispatch details. The contract of sale is formed when we send you the Order Confirmation.
5.4. If we are unable to supply you with a goods, for example because that product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the goods we will refund you the full amount as soon as possible.

6. SHIPPING, DELIVERY AND POSTAGE & PACKING
6.1. For orders with a value of £300 or over, all relevant postage and packing, shipping or delivery charges are included. For orders with a value of less than £300 we will charge £15.
6.2. The goods you order will be delivered to the address you give when you place your order.
6.3. We aim to dispatch all orders within 7 days of the item being in stock but please allow up to 14 days. During busy times, or for bespoke orders, this timeframe may increase.
6.4. A working day is any day other than weekends, bank or public holidays.
6.5. If delivery cannot be made to your address for reasons under Darklight Design’s control, we will inform you as soon as possible.
6.6. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulation, Darklight Design shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the order, less any expenses incurred for failed delivery.

7. SHIPPING, DELIVERY AND POSTAGE & PACKING - TRADE ACCOUNT CUSTOMERS
7.1. For all trade account orders, including those with a value of £300 or over, we will charge full carriage costs for both UK and worldwide delivery as the order has already had substantial trade discounts applied.
7.2. The carriage cost will be automatically calculated at the checkout.
7.3. The goods you order will be delivered to the address you give when you place your order.
7.4. We aim to dispatch all orders within 7 days of the item being in stock but please allow up to 14 days. During busy times, or for bespoke orders, this timeframe may increase.
7.5. A working day is any day other than weekends, bank or public holidays.
7.6. If delivery cannot be made to your address for reasons under Darklight Design’s control, we will inform you as soon as possible.
7.7. If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulation, Darklight Design shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the order, less any expenses incurred for failed delivery.

8. LOSS OR DAMAGED DELIVERIES
8.1. Claims for shortages or damage in transit should be notified within two days of receipt of the order to both [email protected] and to the courier.
8.2. Goods should be checked upon receipt or be signed for as ‘unexamined’. If cartons or external packaging shows signs of damage they should be signed for as ‘received damaged’.
8.3. Regrettably, claims not signed for as ‘received damaged’ or not notified to us within two days of receipt CANNOT BE ACCEPTED as we are unable to claim from the courier.
8.4. Claims for non-delivery should be notified to Darklight Design and the courier within ten days of the date of invoice.
8.5. Our liability will be limited to replacing the Goods within a reasonable time frame.

9. YOUR RIGHT OF CANCELLATION (DISTANCE SELLING REGULATIONS)
9.1. You have the right to cancel the contract at any time up to the end of 14 working days after you receive your order.
9.2. To exercise your right of cancellation, you need to give written notice to Darklight Design by letter, fax or email to [email protected], giving details of the items ordered and (where appropriate) their delivery. Notification by phone is not sufficient, unfortunately.
9.3. If you exercise your right of cancellation after the items have been delivered to you, you will be responsible for returning them to Darklight Design at your own cost. The items must be returned to Unit 10 Brookside Business Centre, Church Road, Swallowfield, Reading, Berkshire, RG7 1TH.
9.4. You must take reasonable care to ensure the items are not damaged in the meantime or in transit.
9.5. Once you have notified Darklight Design that you are cancelling the contract, rest assured that we will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the items.
9.6. If you do not return the goods as required, Darklight Design may charge you a sum not exceeding the direct costs of recovering the items.

10. RETURNS POLICY
We hope that you will be ecstatically happy with your purchases and provide them with a stable, loving ‘forever home’. However, should you wish to return anything to us our returns policy is as follows:
10.1. If we make a mistake with your order, or if the goods received are in some way faulty, we have a no quibble 365 day returns policy: simply return the item to us in its original, undamaged packaging within 365 days of receiving it and we’ll replace it with the correct item - we will pay your return delivery costs.
10.2. If you change your mind for any other reason, we’re happy to exchange items or provide you with a refund if the unused goods are returned to us in the original packaging and in a saleable condition within 365 days of you receiving them from us. Unfortunately we’re unable to pay your return delivery costs on this occasion.
10.3. If you do wish to return your items to us this needs to be done via email with written instruction. We will provide you with a returns reference and the details of where to return the item to.
10.4. A refund will only be issued upon safe arrival of your returned items and once we have confirmed the goods are in a resalable condition. If these conditions have not been adhered to a refund will not be issued.
10.5. Suppliers may include a re-stocking charge to return goods. We will let you know if this is the case with your return when we reply to your initial contact.

11. RETURNS POLICY - TRADE ACCOUNT CUSTOMERS
11.1. If we make a mistake with your order, or if the goods received are in some way faulty upon receipt, we have a no quibble returns policy: simply return the item to us in its original, undamaged packaging within 14 days of receiving it and we’ll replace it with the correct item - we will pay your return delivery costs.
11.2. If the goods become faulty within the manufacturer’s warranty period, please email us at [email protected] as soon as possible so that we can agree their terms of return. We may ask you to return the goods to us and refund your delivery charge. At our discretion, we’ll repair or replace the defective product, or refund the cost to you in full (such cost to be refunded in the event that it is proven that the goods are defective).
11.3. For non-faulty products, please email us at [email protected] within 14 days of you receiving the product from us. However, often we’re not able to receive non-defective products back as returns, and in most cases a handling charge will be applied.
11.4. For non-faulty products, returns for trade customers will incur a re-stocking and handling fee ranging from 25% – 50%. This will be confirmed with you when you initiate the returns process. If the supplier will not accept an item for return, unfortunately we will not be able to accept these items for return.

12. GUARANTEE
12.1. Our products are manufactured in accordance with the latest international standards. Components which develop faults, not caused by the client’s negligence, within the 12 month guarantee period will be repaired or replaced at our discretion.
12.2. Any replacement parts supplied may be chargeable and invoiced at full value pending return of faulty parts for testing.
12.3. Faulty parts returned within 30 days of receipt of replacements may be credited in full dependent upon result of testing.
12.4. Under no circumstances can Darklight Design accept liability for labour charges, out of pocket expenses or damage incurred by defects, however they were caused.

13. PRODUCTS OR SERVICES
13.1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy (please see Clause 10 of these Terms & Conditions).
13.2. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
13.3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
13.4. We reserve the right to limit the quantities of any products or services that we offer. 
13.5. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.
13.6. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
13.7. We cannot warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

14. PERSONAL INFORMATION & SECURITY
14.1. The Darklight Design website uses WorldPay as its secure payments provider - full details of their privacy policy can be found here.
14.2. Please rest assured that we appreciate you giving us your personal information and we treat it responsibly and with care. Read our Privacy Policy for details on how we look after it.

15. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
15.1. We cannot be held responsible if any information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
15.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

16. ACCURACY OF BILLING AND ACCOUNT INFORMATION
16.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
16.2. You agree to provide us with current, complete and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
16.3. For more details, please review our Returns Policy (please see Clauses 10 and 11 of these Terms & Conditions).

17. OPTIONAL TOOLS
17.1. We may, in your best interests, provide you with access to third-party tools over which we neither monitor nor have any control nor input.
17.2. You acknowledge and agree that we provide access to these tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
17.3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
17.4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

18. THIRD-PARTY LINKS
18.1. Certain content, products and services available via our Service may include materials from third-parties.
18.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are, therefore, not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
18.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

19. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
19.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
19.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
19.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

20. ERRORS, INACCURACIES AND OMISSIONS
20.1. As much as we try to avoid it, occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
20.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

21. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Phew, that was a long one.

22. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
22.1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
22.2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
22.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
22.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
22.5. In no case shall Darklight Design Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

23. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Darklight Design Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

24. SEVERABILITY
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

25. TERMINATION
25.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
25.2. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
25.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

26. ENTIRE AGREEMENT
26.1. The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
26.2. These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
26.3. Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

27. GOVERNING LAW
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Unit 10, Brookside Business Centre, Church Road, Swallowfield, Reading, Berkshire, RG7 1TH, United Kingdom.

28. COMPETITION TERMS AND CONDITIONS
By clicking Sign Up and entering into our competitions, you agree to the following conditions:
28.1. You must be 18 years or over to be entered into our competitions.
28.2. If you win the competition, we will require the CAD plans for your property from the existing project. If CAD plans are not owned, we may select another winner instead.
28.3. Existing/previous sign-ups to our newsletter WILL NOT be counted.
28.4. However, if you have previously registered your email address with us, simply re-submit your email on this page to be entered into the prize draw.
28.5. Only entries submitted before the end date stated will be considered. Any entries received before the opening or after the closing of the competition will be invalid and will not be entered into the competition.
28.6. The maximum number of entries to any of our competitions is 1 per person.
28.7. In entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. We may require you to provide proof that you are eligible to enter the competition.
28.8. If you are a winner, we will contact you via the email provided in the competition to progress and may ask for more details such as a phone number or delivery address. This information will be kept private and will not be shared.
28.9. The Lighting Design prize will be sent digitally to your email address.
28.10. Due to the nature of the competition, no returns are permitted.
28.11. A breach or violation of any of the terms will result in immediate withdrawal from the competition and prize draw.

29. CHANGES TO TERMS OF SERVICE
29.1. You can review the most current version of the Terms & Conditions at any time at this page.
29.2. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

30. CONTACT INFORMATION
Thanks for bearing with us to the end. We hope that we’ve managed to answer any questions you may have about Darklight Design’s products and services, but if you do need to contact us about these Terms & Conditions please email [email protected]. All the very best.