These Terms will apply to any contract between skinflint Limited and you for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. Should you refuse to accept our Terms, you will not be permitted to place an order on our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time, as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. Information about us
1.1.1 Our site is operated by skinflint Limited (“We”). We are a limited company, registered in England and Wales under company number 04521098. Our registered office is The Warehouse, Commercial Road, Penryn, Cornwall, TR10 8AE.
1.2 Contacting us if you are a consumer:
1.2.1 If you need to contact us for any reason, including to exercise any of your rights under these Terms, you can do so by calling 01326 565227 or by emailing us at [email protected]
Alternatively, you can write to us at The Warehouse, Commercial Road, Penryn, Cornwall, TR10 8AE.
1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 If you are a business:
1.3.1 You may contact us using the methods described in clause 1.2.1. If you wish to give us formal notice of any matter in accordance with these Terms, you must do so in accordance with clause 16.3.
2. Our products
2.1 skinflint is a proud member of the UK Lighting Industry Association (LIA). The LIA is the largest trade association in Europe dedicated to serving the UK Lighting Industry. As a member we are independently audited, approved and verified to ensure all our lighting products meet the requirements of BS EN 60598-1 the lighting industry directive covering - classification, marking, mechanical & electrical construction and safety.
2.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.3 All original makers marks and labelling are to be disregarded so far as the same contradict this clause. All products, including those originally designed for exterior use, are for internal use only. IP ratings of products cannot be guaranteed and as such should be treated as IP20.
2.4 Unless specified or requested, all products are supplied unwired. This enables flexibility of cable colour and length without impacting on an orders next day delivery timeframe. If you would like to change the cable colour or length or indeed have your light prewired, please contact the studio.
2.5 As standard our original vintage lights, due to their antique and often one off nature, are not UL listed (Only applicable on orders to the U.S.A and Canada) However, wherever possible the fixtures are converted to to accept an American or Canadian bulb via a certified UL rated E26 screw lamp holder and in addition the electrical cable supplied for any order to the U.S.A or Canada is UL rated. In addition and if required, our original vintage lights can be UL listed upon application, please contact the studio for more information.
3. Use of our site
Your use of our site is governed by our Website Terms and Conditions of Use
4. How we use your personal information
5. If you are a consumer
This clause only applies if you are a consumer:
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 16 years old.
6. If you are a business customer
This clause only applies if you are a business:
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our site will guide you through the ordering process and allow you to check and amend your order before submitting it to us. Please ensure that your order is correct before completing the ordering process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (“Order Confirmation”). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance of your order by sending you an e-mail confirming that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If, for any reason, we are unable to supply you with a Product we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. Our right to vary these terms
8.1 We may amend these Terms from time to time. Notification of the date the Terms were last updated can be found on our site.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
8.4 We may revise these Terms as they apply to your order, subject to the products you have ordered. We will contact you to give you reasonable notice of any changes and to let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9. Your consumer right of return and refund
This clause only applies if you are a consumer:
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Regulations during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of bespoke or custom made goods.
9.3 Your legal right to cancel a Contract starts from the date we accept your order (by sending you a Dispatch Confirmation), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
One Product which is delivered in instalments on separate days; Or multiple Products which are delivered on separate days.
The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
9.4 To cancel a Contract, please complete the cancellation form on our website. Alternatively, you can contact us using the contact details shown in clause 1.2.1. If you are writing to us, either by post or by e-mail, please ensure you include details of your order to help us identify it. Where notification has been sent by post or by email, cancellation will be effective from the date notification was sent.
9.5 If you cancel your Contract we will, in accordance with these Terms:
9.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
9.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 24 hours (by 12:00 pm) at one cost but you choose to have the Product delivered within 24 hours (by 9:00 am) at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.6 If you have returned the Products are required to be returned to us under this clause 9 because they are faulty we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card or debit card used by you to pay or into a bank account in the case of electronic bank transfers.
9.8 If a Product has been delivered to you before you decide to cancel your Contract:
9.8.1 you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Goods must be returned to The Warehouse, Commercial Road, Penryn, Cornwall, TR10 8AE;
9.8.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery;
9.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.1 We will contact you with an estimated delivery date, which will be within 24 hours of the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
10.2 If we are delivering the Products and no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
10.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us, or if you or a carrier organised by you collect them from us, the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause only applies if you are a consumer:
10.5 If we miss the 24 hour delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
10.5.1 we have refused to deliver the Products;
10.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under clause 10.65 or clause 10.76, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for information on our policies if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product does not include VAT, unless you have selected to display the prices inclusive of VAT. However, you will be advised of any tax payable at the applicable current rate chargeable in the UK during the checkout process. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. If applicable, our delivery charges are as advised to you during the check-out process, before you confirm your order.
11.5 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
11.5.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
11.5.2 if the Product's correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
12. How to pay
12.1 You can pay for Products by electronic bank transfer, PayPal or by using a debit card or credit card. We accept the following cards: Mastercard | Visa | American Express
12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
13. Our liability if you are a business
This clause only applies if you are a business customer:
13.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
13.2.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation;
13.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.2.4 defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
13.3.1 any loss of profits, sales, business, or revenue;
13.3.2 loss or corruption of data, information or software;
13.3.3 loss of business opportunity;
13.3.4 loss of anticipated savings;
13.3.5 loss of goodwill; or
13.3.6 any indirect or consequential loss.
13.4 Subject to clause13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
14. Our liability if you are a consumer
This clause only applies if you are a consumer:
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
14.3.1 death or personal injury caused by our negligence;
14.3.2 fraud or fraudulent misrepresentation;
14.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.3.5 defective products under the Consumer Protection Act 1987.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16. Communications between us
16.1 When we refer in these Terms to "in writing" this includes e-mail.
16.2 If you are a consumer you may contact us as described in clause 1.2.1.
16.3 If you are a business:
16.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
16.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 2:00 pm on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
16.3.3 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.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer:
17.6.1 please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business:
17.7.1a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.
17.7.2 we both irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).