Business to Consumer - Terms & conditions for sale of goods

B2C Terms & Conditions - V1

Updated 07 March 2023

IMPORTANT: Please read the wording of this Agreement carefully as it contains the terms and conditions upon which Nightsearcher Ltd ("Us"/"We"/"Our") contracts with You as a consumer NOT dealing in the course of a business ("You"/"Your"/"Yourself") for the sale or the supply of goods and services, namely Lighting products and Accessories ("Goods") in accordance with the Conditions. Business Customers should read our separate Business to Business Terms and Conditions. All orders are accepted by us and are subject to the following Conditions:

1 Who we are

1.1 This site is operated by Nightsearcher Ltd. We are a limited company registered in England Wales whose registered office is Nightsearcher Ltd, Unit 4, Applied House, Fitzherbert Spur, Farlington,Hampshire, PO6 1TT. Our company registration number is 4661749 and our VAT registration number is GB 812 303 773

1.2 You may contact us by telephone on +44(0) 2392 389 774 or by e-mailing us at Sales@nightsearcher.co.uk or writing to us at Nightsearcher Ltd, Unit 4, Applied House, Fitzherbert Spur, Farlington,Hampshire, PO6 1TT. Notice of any formal matter under our terms must be given in accordance with clause 11.7.

2 Order

2.1 You may make an order via Our website.

2.2 All orders which are accepted by us shall be subject to these Conditions and no contract shall be deemed to be in place until we have accepted your order. An order is not accepted until your credit/charge/debit card is processed. Any e-mail, on-screen receipt or other acknowledgement of your order is merely to report that your request has been received and does not in any way denote acceptance of your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further or better information to enable us to evaluate and/or process the order. If you wish to cancel your order or return Goods please see our cancellation and returns terms below. You will be advised if an item is out of stock. You may be offered an alternative product if one is available or you may cancel your order

3 Payment and Prices

3.1 All prices are quoted in pounds Sterling or Euros and do not necessarily include cost of delivery and packaging.

3.2 Payment shall be made at the time that the order is placed. Payment may be made by major credit card and debit cards: (Switch/Maestro (UK customers only); Visa and Mastercard. We DO NOT accept Electron cards. Goods will not be despatched until we are in receipt of cleared funds.

3.3 Prices quoted are inclusive of VAT and are current at the time of publishing. While every endeavour will be made to maintain them at their present low level we reserve the right to effect changes without prior notice. Prices will be as confirmed by us when your order is confirmed.

3.4 The prices quoted on this website for individual items are specific to delivery within the UK to customers who are liable for UK VAT. The UK ceased to be a member of the EU Customs Union on January 1, 2021, and so orders for delivery outside the UK will incur the full retail price quoted on this website and the customer will in addition be liable for all import duties/taxes (including but not limited to EU VAT chargeable at the customer's local country rate) and these will need to be paid by the customer to the delivery company for onward transfer to the relevant customs authority. A small administration charge may also be payable to the delivery company.

3.5 We reserve the right at any time to correct clerical omissions and errors without any liability on our part. We reserve the right to request additional information for the purpose of payment authentication. Such requests will only ever come from our customer service Aftersales team and any information provided will be treated as strictly confidential

4 Ownership of the Goods

4.1 Ownership of the Goods delivered or to be delivered by us will only be transferred to you when the Goods have been delivered to you and we have received cash or cleared funds in full payment of all sums owing to us in respect of the Goods and in respect of any other agreements between you or us.

5 Delivery

5.1 For mainland UK mainland delivery will normally be made within 3-5 business days after the order is accepted Monday to Friday (unless otherwise stated) and we will normally despatch Goods by post or courier to mainland UK excluding any area separated by water from the mainland (delivery to Northern Ireland may take longer).

5.2 Freight and insurance for deliveries outside mainland UK (excluding any area separated by water from the mainland) is charged extra at cost. If the Goods are subject to import duties and/or taxes for overseas orders, these costs will be solely borne by You.

5.3 Time for delivery shall not be of the essence. We shall use reasonable endeavors to deliver by the date specified but we shall be under no liability whatsoever for delay in delivery or the consequence thereof however caused or non delivery of Goods. We will take reasonable steps to notify you within 14 days of order confirmation if Goods will not be shipped as ordered.

5.4 When Goods are delivered to you, you should carefully check the documentation to ensure that the number and contents of the packages due to be delivered corresponds to the number and contents of packages received.

5.5 If you believe that there are shortages in the number of Goods contained in the packages or if any damage has occurred to the Goods in transit, you must sign for the goods as damaged from the courier, you must report these to us within two working days of receipt of the Goods and this must be confirmed in writing and any damaged Goods returned to us. Please see our return terms below.

5.6 *Next day delivery is subject to orders before noon, Monday to Thursday. UK orders received before noon on a Friday will be delivered on the next possible working day.

5.7 We reserve the right to request additional payment for shipments that incur unusually high costs. In these instances, the order will be placed on hold and you will be contacted by a member of our customer service team.

6 Right to Cancel and Returns (of unwanted goods)

6.1 Provided You are a private consumer You may cancel any order made by you via our website at any time within 30 days of receipt by you of the Goods. This Condition extends your statutory rights of cancellation. If you wish to cancel this contract and return Goods, You must notify us either by e-mail to Sales@nightsearcher.co.uk or by telephone on telephone number +44(0) 2392 389 774. Once you have submitted your request to cancel the contract, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period of 30 days has expired. Return shipping costs will only be refunded where we have sent faulty Goods in error.

6.2 If you cancel this contract, we will reimburse to you, all payments received from you, excluding carriage/postage. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

6.3 We will make the reimbursement without undue delay, and not later than: 14 days after the day we receive back from you any goods supplied, or (if earlier) 14 days after the day you provide evidence that you have returned the goods, or if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

6.4 Goods which are returned to us must be accompanied by a copy of your delivery note or a covering letter stating your name, address and order number and reason for return.

6.5 Any returned item lost, damaged or defaced in transit to us will not be credited. If you have not received an acknowledgement or credit note from us within 14 days you should notify us.

6.6 Any returned items must be returned at your own cost and must be packed in it’s original packaging and suitably labelled addressed to Returns Department, Nightsearcher Ltd, Unit 4, Applied House, Fitzherbert Spur, Farlington, Hampshire, PO6 1TT. Goods must be returned in the same condition that they were in when despatched to you.

6.7 We recommend that you use a reputable courier or Recorded Delivery. Please retain any proof of posting, receipt or tracking number for any item returned as we cannot accept responsibility for Goods until signed for by us.

6.8 Unless expressly authorised by us in writing, any Goods can only be returned for credit if unused, complete and in the original packaging and within the 30 days period. Please note: If you return Goods (which are not faulty) for exchange we will charge you for shipping the new Goods back to you.

6.9 Subject to Your statutory rights of cancellation and our extended cancellation terms as set out at Condition 6.1, an order can only be cancelled at our discretion. On no account can cancellation be accepted for items sourced specially by us on Your behalf which is not advertised on our website.

7 Faulty and Online/Mail Order Goods

7.1 Under the Consumer Rights Act you have an early right to reject goods that are unsatisfactory quality, unfit for purpose or not as described, and get a full refund. But this right is limited to 30 days from the date you took ownership of the goods (this could be the date of purchase or the date the goods were delivered to you - whichever is later). After the initial 30 days, you can't demand a full refund in the first instance, but you still have the right to a repair or replacement

7.2 For purchases under 30 days old (from date of despatch by us), We will exchange the item at our expense. Please e-mail Sales@nightsearcher.co.uk for details.

7.3 For purchases over 30 days old (from date of despatch by us) and less than 12 months please return the item we will send you a returns label to return the item to us free of charge. We will either repair, replace or return the item to you. We do not reimburse consequential expenses incurred when items are returned, regardless of circumstances.

7.4 In addition to our Returns Policy, under the Consumer Contracts Regulations, you have the right to cancel your order up to 14 days from the day you receive your goods if you are an online, mail or telephone order customer. You then have a further 14 days from the date you notify the retailer of your cancellation to return the goods. We accept no responsibility for goods not received or damaged in transit.

8 Warranty Periods

8.1 In accordance with the Sale of Goods Act, Nightsearcher warrants that for a minimum period of 12 months commencing on the date of the invoice of the Goods (Warranty Period), the Goods shall:
8.1.1 conform with their description;
8.1.2 be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
8.1.3 be fit for any purpose held out by Nightsearcher subject to their reasonable use in accordance with relevant provided instruction manuals.
In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these Conditions.

8.2 All non ATEX Nightsearcher products are sold with a 3-year standard warranty on all manufacturing defects and 1-year warranty on all rechargeable batteries and ATEX products from the date of purchase.

8.3 Some Goods will carry a longer warranty. Current extended warranty information can be found at https://nightsearcher.co.uk/en/warranty.html or on request via Sales@nightsearcher.co.uk or Telephone: +44 2392389774.

8.4 In the event of any established breach of warranty, Nightsearcher shall repair or replace in it’s absolute discretion any defective Product(s). You shall be liable for the delivery charges incurred in returning the defective Product(s) to Nightsearcher, but shall not be liable for the cost of repair or replacement, or the delivery charge for returning the repaired or replaced Product(s) to you.

8.5 Repairs undertaken by Nightsearcher under the terms of it’s warranty are guaranteed for 90 days from the date of dispatch to you.

8.6 Where Nightsearcher in it’s absolute discretion replaces any defective Product(s), the warranty on such replacement Product(s) shall continue in effect for the remainder of the unexpired term of the warranty commencing from the date of purchase of the defective Product(s) or the date the goods were delivered to you - whichever is later. Any replaced Product(s) become the property of Nightsearcher.

8.7 The warranty shall not cover any defect caused:
a) by fair general wear and tear.
b) in whole or in part by the negligence by a User.
c) by improper or unauthorised use of the Product(s) including any attempt to carry out repairs, modifications or alterations to the Product(s).
d) by causes external to the Product(s).
e) by lack of maintenance
f) by battery leakage
g) related to Imprinting or colour finishes
h) by not adhering to the user manual

9 Goods advertised

9.1 While every effort has been made to portray items accurately on our website and other advertising materials, slight variations may occur.

9.2 All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will reasonably allow.

9.3 Please note there may be variations in colours dependant on the calibration and settings of individual screens/printers.

10 Limitation of liability

10.1 Subject to Conditions 11.3 and 11.4 below and save as otherwise expressly provided in these Conditions, all warranties, Conditions or other terms whether express or implied by statute or common law or otherwise are excluded or limited to the fullest extent permitted by law.

10.2 Subject to Conditions 11.3 and 11.4 and to the full extent permitted by law we exclude all liability for any loss, damage or expense howsoever suffered or incurred by you as the direct or indirect result of the Goods either not being of satisfactory or merchantable quality, or fit for any purpose, or conforming to any description and you hereby irrevocably waive all rights and/or remedies (if any) which you may have or have had in respect of such loss, damage or expense and/or in respect of any breach or default of any warranty implied by statute, equity or common law concerning the quality, fitness or description of the Goods. We shall not be liable for incidental or consequential damages for any breach hereof.

10.3 Conditions 11.1 and 11.2 do not apply where you deal as a consumer to the extent that such exclusions or limitations are not permitted by law.

10.4 Nothing in these Conditions shall limit our liability in respect of death or personal injury caused by our negligence.

10.5 Save where expressly provided otherwise in these Conditions, our entire liability under or in connection with any order or the Goods shall not exceed the price of the Goods.

11 Miscellaneous

11.1 If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.

11.2 We shall not be liable to you for any delay or failure to perform any of our obligations hereunder which is due to causes or circumstances beyond Our reasonable control, including (without limitation) acts of civil or military authority, national emergencies, fire or flood, strikes, lock-outs and other industrial disputes, acts of God, war or riots, actions or omissions of third parties (force majeure).

11.3 This Agreement including the order is the complete and exclusive statement of the contractual relationship between the parties, which supersedes all prior proposals, understandings, agreements, or representations between the parties relating to this Agreement except in respect of any fraudulent misrepresentation made by either party.

11.4 We reserve the right to randomly monitor and record our inbound and outbound calls.

11.5 No delay, neglect or forbearance on our part in enforcing its rights against you shall be construed as a waiver or in any way prejudice any of our rights hereunder.

11.6 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

11.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales whose courts shall have non-exclusive jurisdiction in connection with any dispute arising out of or in connection with it and to which jurisdiction you irrevocably submit.

12 Waste Electrical and Electronic Equipment and UK Batteries Regulations

12.1 In accordance with the WEEE Regulations NightSearcher allows for end users of the EEE placed on the market in the UK to return WEEE back to us free of charge on a like-for-like basis for new EEE purchased. Such WEEE can be returned to the following location: NightSearcher Ltd, Unit 4 Applied House, Fitzherbert Spur, Farlington, Portsmouth, Hampshire, PO6 1TT or contact WeeeCare, recycling@wastecare.co.uk

12.2 If you would prefer us to collect your WEEE from your premises, please contact us as there will be a transport charge for such WEEE from your premises and delivery of such WEEE to an Approved Authorised Treatment Facility (AATF). The charge will only cover the cost of transportation and handling and will not include any cost in relation to the treatment or reprocessing of WEEE as defined by the Regulations.

12.3 Alternatively, there is a network of recycling centres across the UK where consumers of WEEE can also take WEEE free of charge to be discarded, reused and/or recycled. The complete list of locations can be found at: www.recyclenow.com. Nightsearcher Ltd is making a financial contribution towards the running of these facilities and the onward recycling of this waste.

12.4 As a Producer of Industrial Batteries, NightSearcher offers free take back of waste industrial batteries from its customers. Such industrial batteries can be returned to the following location: NightSearcher Ltd, Unit 4 Applied House, Fitzherbert Spur, Farlington, Portsmouth, Hampshire, PO6 1TT or contact BatteryBack - 0330 331 1801

12.5 If you would prefer us to collect your industrial batteries from your premises, please contact us as there will be a transport charge for collection of industrial batteries from your premises and onward delivery of such industrial batteries to an Approved Battery Treatment Operator (ABTO) or Approved Battery Exporter (ABE). The charge will only cover the cost of transportation and handling and will not include any cost in relation to the treatment or reprocessing of such industrial batteries as defined by the UK Battery Regulations.