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TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES
1 Definitions & Interpretation
In these Conditions, the following words shall have the following meanings:
"Buyer"
means the person(s), firm or company who purchases the Goods and/or services from the Seller;
"Contract"
means the contract between the Seller and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;
"Goods"
means any goods agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them); and
"Order Form"
means the Seller’s standard order form for Goods and/or services.
"Seller"
means Mr Alan Carden of Bygone Lighting 12 Meeting House Lane, Brighton.
1.2 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.3 In these Conditions, headings will not affect the construction of these Conditions.
2 Application Of Terms
2.1 The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 Each order for Goods and/or services by the Buyer from the Seller shall be on an Order Form and shall be deemed to be an offer by the Buyer to purchase Goods and/or services subject to these Conditions.
2.3 No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the Goods to the Buyer.
2.4 Any quotation is given by the Seller on the basis that no Contract shall come into existence until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the Goods to the Buyer. Any quotation is valid for a period of [30] days only from its date, provided that the Seller has not previously withdrawn it.
3 Price & Payment
3.1 The price for the Goods [(including delivery)] shall be the price set out in the Seller’s price list published on the date of delivery.
3.2 Payment of the price for the Goods is due [prior to or on the date of] delivery of the Goods.
3.3 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to charge interest on the outstanding amount from the due date at the rate of [3]% of the base lending rate
accruing on a daily basis until payment is made.
4 Description
4.1 All drawings, descriptive matter, specifications and advertising issued by the Seller and any descriptions or illustrations contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.
5 Delivery
5.1 The Seller will deliver the Goods ordered by the Buyer to the address for delivery specified in the Order Form.
5.2 Delivery will be made as soon as possible after the Buyer’s order is accepted and in any event within 30 days of the date of the Order Form.
5.3 Any dates specified by the Seller for delivery of the Goods are intended to be an estimate, and time of delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
6 Risk/Title
6.1 The Goods are at the risk of the Buyer from the time of delivery.
6.2 Ownership of the Goods shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of the Goods. In respect of restorations completed by the the seller, title of the goods will be assumed by the seller untill such time that any monies outstanding are paid in full and on time by the buyer.
6.2a Any items remaining uncollected by the buyer for a period of 6 months after notice has been given by the seller to the buyer of completion of restoration works undertaken shall be sold and no part of the monies raised will be payable to the buyer by the seller.
7 Liability
7.1 If the Goods delivered are damaged or defective or the delivery is of an incorrect quantity, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 10 working days of the delivery of the Goods.
7.1a In respect to goods left in trust to the seller by the buyer for purposes of restoration, any claim laid against the seller by the buyer shall in any case never exceed the original purchase cost of any such item. In respect to any such item having a value of an amount of over £250 the buyer shall assume indemnity for that item/items. The seller accepts no claim by the buyer for any damage how so ever caused to items manufactured from any material other than brass.
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7.2 If the Buyer does not receive the Goods ordered by it within 30 days of the date of the Order Form, the Seller shall have no liability to the Buyer unless the Buyer notifies the Seller in writing of the problem within 40 days of the date of the Order Form.
7.3 If the Buyer notifies a problem to the Seller under either Condition 7.1 or Condition 7.2, the Seller’s sole and exclusive obligation will be, at the Seller's option:
- to make good any shortage or non-delivery; or
- to replace or repair any Goods that are damaged or defective; or
- to refund to the Buyer the amount paid by the Buyer for the Goods in whatever way the Seller chooses.
7.4 Save as precluded by law, the Seller will not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including loss of profits, sentimental value, business or goodwill) howsoever arising under or in connection with the Contract and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for the Goods under Condition 7.3.3 above.
7.4a The buyer shall indemnify the seller for any injury sustained during the course of restoration of any item that is refered to by the seller at the time as being in such a condition as to make restoration unsafe , including but not limited to any medical fees, ongoing medical fees and loss of earnings entailed including any loss of limb and/or permanent disability.
7.5 The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Goods from the Seller. The Seller makes no representation and accepts no liability in respect of the export or import of the Goods.
7.6 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit the Seller’s liability to the Buyer for any death or personal injury resulting from the Seller’s negligence.
8 Notices
Unless otherwise expressly stated in these Conditions, all notices from the Buyer to the Seller must be in writing and sent to the Seller at 12 Meeting House Lane, Brighton. BN1 1HB
. All notices from the Seller to the Buyer will be sent to the Buyer’s address specified in the Order Form.
9 Events Beyond the Seller’s Control
The Seller shall have no liability to the Buyer for any failure to deliver the Goods or any delay in doing so or for any damage or defect to the Goods delivered that is caused by an event or circumstance beyond the Seller’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident or criminal doing.
10 Invalidity
If any of these Conditions (or part of any of these Conditions) is unenforceable (including any provision in which the Seller excludes its liability to the Buyer) the enforceability of the remaining Conditions (or remaining part of any Condition) will not be affected.
11 Third Party Rights
Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.
12 Governing Law
The Contract shall be governed by and interpreted in accordance with British law and the British courts shall have jurisdiction to resolve any disputes between the Seller and the Buyer.
13 Entire Agreement
- The Contract sets out the entire agreement between the Seller and the Buyer. Nothing said by any sales person on behalf of the Seller should be understood as a variation of the Contract or as an authorised representation about the nature or quality of the Goods. Save for fraud or fraudulent misrepresentation, the Seller shall have no liability for any such representation being untrue or misleading.
- No variation of or amendment to the Contract shall bind either party unless made in writing and signed by the authorised representatives of both parties.
WWW.BYGONELIGHTING.CO.UK
Welcome to www.bygonelighting.co.uk (the 'Site').
We understand that privacy online is important to users of our Site, especially when conducting business.
This statement governs our privacy policies with respect to those users of the Site ('Visitors') who visit without
transacting business and Visitors who register to transact business on the Site and make use of the various services offered by www.bygonelighting.co.uk (collectively, 'Services') ('Authorized Customers').
'Personally Identifiable Information'
refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user)
or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers, the nature and size of the business, and the nature and size of the advertising inventory that the Authorized Customer intends to purchase or sell.
What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
With whom may the information may be shared?
Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers who wish to evaluate potential transactions with other Authorized Customers. We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to 'opt out' of receiving information or being contacted by us or by any agency acting on our behalf.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by www.bygonelighting.co.uk is securely stored and is not accessible to third parties or employees of www.bygonelighting.co.uk except for use as indicated above. 
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at sales@bygonelighting.co.uk
Are Cookies Used on the Site?
Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the site is unused for more than 10 minutes, we will automatically log the Authorized Customer off.
How does www.bygonelighting.co.uk use login information?
www.bygonelighting.co.uk uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user's movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
www.bygonelighting.co.uk has entered into and will continue to enter into partnerships and other affiliations with a number of vendors.
Such vendors may have access to certain Personally Identifiable Information on a need to know basis for evaluating Authorized Customers for service eligibility.
Our privacy policy does not cover their collection or use of this information.
Disclosure of Personally Identifiable Information to comply with law. We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.
How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information, such as credit card numbers or social security numbers, is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at sales@bygonelighting.co.uk
Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?
We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site's database by contacting sales@bygonelighting.co.uk. However, because of backups and records of deletions, it may be impossible to delete a Visitor's entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.
What happens if the Privacy Policy Changes?
We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Site. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.
Links:
This web site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.
© 2009 www.bygonelighting.co.uk , All rights reserved.
Unauthorized duplication or publication of any materials from this Site is expressly prohibited.
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