Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.nightskylanterns.co.uk (our Site) to you. Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. When you register on our Site please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
1. INFORMATION ABOUT US
Night Sky Lanterns® is a registered Trade Mark of Simply Fabs Ltd. www.nightskylanterns.co.uk is a Site operated by Simply Fabs Ltd (us/our/we). Our Registered Office address: SVS House, Oliver Grove, London, SE25 6EJ, UK - Registered in United Kingdom - Company Number: 8826928 - VAT N. GB 180079412 - Tel: +44 (0) 208687 1085
2. SERVICE AVAILABILITY
Our Site is intended for use by people resident in any country worldwide.
3. YOUR STATUS
By placing an order through our Site, you warrant that you are legally capable of entering into binding contracts.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this will only mean that your order has been accepted where payment has been made by you and received by us. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your payment has been received in full. (Payment Confirmation). The contract between us (Contract) will only be formed when we send you the Payment Confirmation.
4.2 Once we email you confirmation that your order has been received the status of your order will be shown as ‘progressing’. Once we have dispatched the Products listed in the Payment Confirmation, the status of your order will be shown as ‘Complete and Dispatched’ (Dispatch Confirmation).
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Payment Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Payment Confirmation.
5. OUR STATUS
5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
5.2 We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you may either receive a refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below) or exchange/replacement Products, whichever we decide.
6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately (and no later than 7 days from the date of receipt), in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7. AVAILABILITY AND DELIVERY
7.1 If no delivery date is specified to you by us, then we shall endeavour to arrange for the Products to be delivered within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.2 We will use our best endeavours to ensure that the Products are dispatched within 24 hours of the Payment Confirmation.
7.3 Once the Products are dispatched, we would estimate that they will be delivered within 48-72 hours (4-10 working days for international deliveries). These estimates are dependent upon Yodel (formally DHL)/Royal Mail/any other third party delivery service supplier appointed by us from time to time and we accept no responsibility/liability for late delivery.
7.4 In order to endeavour to achieve delivery of the Products within 24 hours of dispatch, you must select the “Next working day” or "Saturday Guaranteed" option and pay the relevant charge at the checkout when you order the Products. We accept no responsibility/liability for Products not delivered within 24 hours of dispatch and orders must be placed before 3pm.
7.5 Any Products returned to us as undelivered for any reason will incur a £5.50 re-delivery charge per box of Product(s) and Products will not be re-delivered until such time as the re-delivery charge has been paid by you to us in full.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery/re-delivery/any other charges.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error. Quotations illustrated on our Site or communicated by us to you are valid for 30 days from the date of issue/illustration as appropriate.
9.2 These prices include VAT but may exclude delivery costs, which may be added to the total amount due as set out in our delivery cost guide.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Payment Confirmation.
9.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products may be by credit or debit card or Paypal. We accept payment with such cards as listed on our Site from time to time.
10. OUR REPLACEMENT, EXCHANGE OR REFUND POLICY
10.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above) and we choose to refund you, we will process the refund due to you as soon as possible. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund, replacement or exchange via e-mail within a reasonable period of time. We will process the refund, replacement or exchange as soon as possible. Products returned by you because of a defect will be refunded in full, excluding the cost of returning the item to us, or replaced or exchanged at our discretion.
10.2 All Products returned by you to us are received by our returns department who, acting reasonably, decide whether a refund, exchange or replacement will be granted. Please note that we reserve the right to refuse a refund, exchange or replacement where packaging or products are marked/not intact.
10.3 In the case of defective, incorrect or damaged Products, any refund, exchange or replacement of any Product will only be authorised by us where you confirm to us by email within 7 days of receipt of the Product: order number, name and address, Product details, reason for return, whether you would prefer a refund, exchange or replacement (which is at our discretion).
10.4 Risk of returned Products is yours until we receive the same.
10.5 We may at our discretion refund any money received from you using the same method originally used by you to pay for your purchase.
11. OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
11.5 If you buy any Product from a third party seller through our Site, the seller's individual liability will be set out in the seller's terms and conditions.
12. IMPORT DUTY
12.1 If you order Products from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our Site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 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 events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory
requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we e-mail you the Payment Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
22. COMPLIMENTS AND COMPLAINTS
We will do our best to keep all our customers fully satisfied of the products and services we provide. We are happy to hear from you at any time and we welcome your suggestions on how we can improve our services and products.
Likewise, if you need to report an issue you have encountered with our products and service and you need to make a complaint, we are sorry to hear that we did not fully fulfilled your expectations and we would welcome your suggestions on how we could improve our products and services. We aim to provide high standards at all levels. Please email us to firstname.lastname@example.org