1. These terms1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a consumer? You are a consumer if: (a) you are an individual; and (b) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2. Information about us and how to contact us
2.1 Who we are. We are Lux Group Holdings Ltd (trading as “Smallbone”) a company registered in England and Wales with company number 11707773. Our registered office is at The Hopton Workshop, Hopton Road, Devizes, England, SN10 2EU.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0203 370 8001 or by writing to us at firstname.lastname@example.org or The Hopton Workshop, Hopton Road, Devizes, England, SN10 2EU.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. You will receive an order notification when purchasing our products online however our acceptance of your order will take place on dispatch of the product to you, at which point a contract will come into existence between you and us.
4.1 Products may vary slightly from their pictures. The images of the products on our website and in any of our brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.1 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.
8.1 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
8.2 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 5 working days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9. Your rights to make changes.If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
10. Our rights to make changes
10.1 Minor changes to the products. We may change the product:
In the unlikely event that these changes have an impact on your use of our products you should contact us for an explanation of the reason for the change and to discuss the impact.
10.2 More significant changes to the products and these terms. In addition, we may make other changes to the product or these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
11. Your rights to end the contract
11.1 When you can end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer:(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 15;
(c) If you are a consumer and have just changed your mind about the product, see clause 11.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 11.4.
11.2 Ending the contract because of something
we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 10.2);
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(e) you have a legal right to end the contract because of something we have done wrong.
11.3 Exercising your right to change your mind if you are a consumer. If you are a consumer then (other than as set out below) you have 14 days after the day you (or someone you nominate) receive the products to change your mind. If your products are split into several deliveries over different days, you have until 14 days after the day you receive the last delivery. If you cancel within this period, we will refund any money paid by you in respect of such products. See clause 12 below for details of how to obtain a refund.
11.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 11.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
12. How to end the contract with us
12.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:(a) Phone or email. Call customer services on 0203 370 8001 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address;
(b) By post. Simply write to us at The Hopton Workshop, Hopton Road, Devizes, England, SN10 2EU, including details of what you bought, when you ordered or received it and your name and address.
12.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must allow us to collect them from you. Please call customer services on 0203 370 8001 or email us at firstname.lastname@example.org to arrange collection. If you are a consumer exercising your right to change your mind you must arrange for collection of the goods within 14 days of telling us you wish to end the contract. Please ensure that the goods are returned in original packaging with tags and labels intact (see our return FAQs for more details).
12.3 When we will pay the costs of return. We will pay the costs of return:(a) if the products are faulty or mis-described; or
12.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge £175 - £350 plus VAT for collection of the products.
12.6 When we may make a deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:(a) we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop or as specified in the product manual. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
13. Our rights to end the contract
13.1 We may end the contract if you break it. We may end the contract for a product at any
time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you do not, within a reasonable time, allow us to deliver the products to you.
14. If there is a problem with the productHow to deal with problems. Please check your product manual for help with common issues. If you are still experiencing problems, or have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0203 370 8001 or write to us at email@example.com or The Hopton Workshop, Hopton Road, Devizes, England, SN10 2EU.
15. Your rights in respect of defective products
15.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your products are faulty, then you can get an immediate refund.
16. Our responsibility for loss or damage suffered by you if you are a consumer
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.