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By placing an order with BLT Direct Ltd., you are accepting our terms and conditions. BLT Direct Ltd. is registered in England and Wales, company registration number 5266419, registered address - Unit 9, The Quadrangle, The Drift, Nacton Road, Ipswich, Suffolk, IP3 9QR. Your existing statutory rights are not affected by these conditions. Terms and Conditions updated April 2011.
13. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations |
1. Definitions | |||||||||||||||
1.1 | Business Customer means a customer who is not a Consumer. | ||||||||||||||
1.2 | Consumer means an individual who is not acting for the purposes of his or her business or profession. | ||||||||||||||
1.3 | Bulbs, Lights and Tubes Direct means BLT Direct Ltd., also referred to as BLT Direct, we or us in these terms and conditions. | ||||||||||||||
1.4 | Catalogue means the catalogue of products and services offered by BLT Direct. | ||||||||||||||
1.5 | Force Majeure means any cause affecting the performance by BLT Direct of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party. | ||||||||||||||
1.6 | Normal Working Hours means 9 am to 5 pm on a Working Day. | ||||||||||||||
1.7 | Working Days means Monday to Friday, excluding Bank or other Public holidays. | ||||||||||||||
1.8 | Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13. | ||||||||||||||
2.1 | All contracts of sale made by BLT Direct shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (the Customer) with whom BLT Direct is dealing. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations Nothing in these terms and conditions is intended to impinge upon a Consumers statutory or contractual rights to reject faulty goods. | ||||||||||||||
2.2 | All orders are subject to acceptance and to availability of the goods ordered: BLT Direct is entitled to refuse any order placed by you. | ||||||||||||||
2.3 | You undertake that: | ||||||||||||||
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2.4 | Please note, BLT Direct may record and / or monitor inbound and outbound calls and electronic traffic for training purposes. | ||||||||||||||
3.1 | Goods and services, together with VAT, are invoiced at the price prevailing at time of order. | ||||||||||||||
3.2 | BLT Direct reserves the right to modify the prices from time to time. | ||||||||||||||
3.3 | BLT Direct may introduce incentive schemes from time-to-time. Such schemes will be described within this web catalogue. Where a coupon is issued to a customer it will apply for the duration of the scheme only. | ||||||||||||||
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4.1 | BLT Direct shall use reasonable endeavours to dispatch goods within 3 days to the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable. | ||||||||||||||
4.2 | Carriage | ||||||||||||||
4.3 | In the case of a Business Customer, if BLT Direct is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to BLT Direct in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to BLT Direct after the above date but before delivery of the goods or notification from BLT Direct that the goods are ready for delivery. This Clause does not apply to Consumers. | ||||||||||||||
4.4 | Loss or Damage in Transit | ||||||||||||||
4.5 | Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours. | ||||||||||||||
4.6 | Delivery | ||||||||||||||
4.7 | Title in the goods does not pass to the Customer until payment is received in full by BLT Direct. | ||||||||||||||
4.8 | If the Customer cannot accept delivery, BLT Direct may at its option: | ||||||||||||||
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4.9 | Where delivery has been tracked, i.e. not dispatched via second class post, the Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery. BLT Direct shall use reasonable endeavours to provide such proof. | ||||||||||||||
4.10 | Upon delivery of the goods, the Customer may be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. BLT Direct shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment. | ||||||||||||||
5.1 | Payment is due prior to shipment unless a Customer has been approved for credit. BLT reserves the right to conduct credit checks and request appropriate references as part of the approval process. BLT Directs standard credit terms require payment within 30 days from the date of the invoice; unless different terms are agreed in writing in advance of the transaction. | ||||||||||||||
5.2 | Payment may be made by bank transfer, cheque, Visa, MasterCard and some debit cards. | ||||||||||||||
6.1 | BLT Direct makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer. | ||||||||||||||
6.2 | If BLT Direct cannot supply the goods ordered by the Customer, BLT Direct reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to BLT Direct in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances. | ||||||||||||||
6.3 | BLT Direct has to adhere to the manufacturers guidelines where they stipulate any defects that are deemed acceptable before an item is accepted for replacement on grounds of fault. | ||||||||||||||
7.1 | Trade names and marks (other than BLT Directs) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products. | ||||||||||||||
7.2 | In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with BLT Direct the identity of the manufacturer of component it is proposed to purchase. | ||||||||||||||
7.3 | BLT Direct and the Business Customer/Consumer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing BLT Direct’s sales literature and on BLT Direct’s website. | ||||||||||||||
| Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 13. | ||||||||||||||
8.1 | BLT Direct is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below. | ||||||||||||||
8.2 | Unless otherwise stated in the manufacturers documentation, all goods delivered to a UK mainland address carry a specified manufacturers warranty. | ||||||||||||||
8.3 | Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing. It is your responsibility to ensure that any products you order are fit for the purpose you intend. Please refer to the manufacturer’s specifications. | ||||||||||||||
8.4 | If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. | ||||||||||||||
8.5 | If you purchase services in the course of your business, the following provisions of this Clause shall apply. BLT Direct shall use its skill and expertise to carry out any contracted works (the Service(s)) to a standard equivalent to that of a competent professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by BLT Directs employees or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, BLT Direct reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s). Additionally, BLT Direct cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than BLT Direct. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law. | ||||||||||||||
8.6 | Subject to the right of Consumers to return goods for refund under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations, BLT Direct does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a manufacturer specifically for their benefit. Such goods are not returnable to the manufacturer and may not be sold to other customers. Accordingly, orders for such goods cannot be cancelled and BLT Direct can only return or repair Goods where they prove to be defective and the Goods are returned for repair or replacement. | ||||||||||||||
8.7 | The goods may be returned within 14 days they must be unused with the manufacturers seals intact and in perfect re-saleable condition. | ||||||||||||||
8.8 | No contract shall be cancelled once accepted by BLT Direct nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of BLT Direct and on terms to be determined at the absolute discretion of BLT Direct. | ||||||||||||||
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9.1 | In its dealings with Business Customers, BLT Direct shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (Financial loss in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). BLT Directs liability in respect of all other losses shall be limited to the invoiced amount of the relevant order. | ||||||||||||||
9.2 | Nothing in this agreement shall limit BLT Directs liability for death or personal injury caused by its negligence. | ||||||||||||||
10.1 | BLT Direct confirms that the goods it supplies as a distributor do not present a hazard to health and safety | ||||||||||||||
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11.1 | BLT Direct shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of BLT Directs obligations in respect of the Goods, if the delay or failure was due to any cause beyond BLT Directs reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond BLT Directs reasonable control: | ||||||||||||||
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11.2 | If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full. | ||||||||||||||
12.1 | Goods sold as Open Box or Liquidation Stock are downgraded goods that BLT Direct is able to offer at a discount on the normal catalogue price. Stocks of goods offered as Open Box or Liquidation are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of BLT Directs other terms and conditions, except those terms and conditions specifically covering Consumers. | ||||||||||||||
12.2 | Liquidation Stock and Open Box products, by their very nature, have limited availability. Upon receipt of an order, BLT Direct will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer. | ||||||||||||||
12.3 | All goods sold by BLT Direct as Open Box or Liquidation Products are sold subject to the following special rules that apply in addition to BLT Directs other terms and conditions. | ||||||||||||||
12.4 | Products are non-returnable unless we have made an error or the goods are faulty; | ||||||||||||||
12.5 | Prices are not subject to value, cash or volume discounts. | ||||||||||||||
13. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations | |||||||||||||||
13.1 | Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the BLT Direct website, or by mail order, are subject to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (the Regulations). | ||||||||||||||
13.2 | If the Regulations apply, Customers may cancel goods purchased from BLT Direct by sending a written notice of cancellation by registered post or hand delivery addressed to Customer Services at BLT Direct, Unit 9, The Quadrangle, The Drift, Nacton Road, Ipswich, Suffolk, IP3 9QR, or by Fax 01473 718128 or by logging into the web portal as explained in the despatch note. Please note that email is not a guaranteed service hence must not be used for this communication. | ||||||||||||||
13.3 | The notice of cancellation must be delivered within 14 working days of the day after date of delivery of the goods and the goods should be returned within 14 days. | ||||||||||||||
13.4 | The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. | ||||||||||||||
13.5 | BLT Direct will refund standard carriage costs (for faulty or incorrect goods received orders only) together with the price paid for the goods when the goods have been received and checked as being in re-saleable condition. | ||||||||||||||
13.6 | A deduction will be made to the refund in respect of any damage to the goods or the packaging. | ||||||||||||||
14.1 | BLT Direct makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, BLT Direct will be entitled to rescind the contract, notwithstanding that it has already accepted the Customers order and/or received payment from the Customer. BLT Directs liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by BLT Direct after the manifest error has been discovered. | ||||||||||||||
14.2 | A manifest error, as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by BLT Direct which is more than 10% less than the price that would have been quoted had the mistake not been made. | ||||||||||||||
| Please note: BLT Direct has a full and detailed privacy statement available by clicking here | ||||||||||||||
15.1 | Website Security | ||||||||||||||
15.2 | Data Protection & Data Security | ||||||||||||||
15.3 | Information Automatically Logged | ||||||||||||||
15.4 | Registration and data sharing | ||||||||||||||
15.5 | BLT Direct may share the Business Customer/Consumer’s information with selected 3rd parties outside BLT Direct Ltd, in order to fulfil an order received or that they may contact the Business Customer/Consumer to let the Business Customer/Consumer know about goods or services which may be of interest to the Business Customer/Consumer. You may opt-out of receiving such information, to do so contact BLT Direct. BLT Direct will not share the Business Customer/Consumer’s email address or personal telephone number with these 3rd parties without your specific permission. | ||||||||||||||
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16.1 | Nothing in these terms and conditions affects your statutory rights as a Consumer. | ||||||||||||||
16.2 | If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions. | ||||||||||||||
16.3 | Any waiver of a breach of this Agreement must be in writing. | ||||||||||||||
16.4 | Any variation of this Agreement must be in writing and signed by a duly authorised BLT Direct official. | ||||||||||||||
16.5 | The headings are for convenience only and shall not affect the interpretation of this Agreement. | ||||||||||||||
16.6 | Assignment. You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason. | ||||||||||||||
16.7 | Insolvency | ||||||||||||||
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16.8 | Customer Service queries | ||||||||||||||
16.9 | Third Party (Rights) Act 1999 | ||||||||||||||
16.10 | No Waiver | ||||||||||||||
16.11 | Notice | ||||||||||||||
16.12 | Enforceability | ||||||||||||||
16.13 | Dispute | ||||||||||||||
16.14 | Jurisdiction | ||||||||||||||
16.15 | Images | ||||||||||||||
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Created by Steve Ellwood on 13th September, 2012
Steve EllwoodQualified as an Electrician, founder of BLT Direct |