Terms & Conditions
1. These Terms and Conditions will apply to the purchase of the goods advertised in our website, catalogues, brochures or other form of advertisement by you (the Customer or you). We are The Home Library a company registered in England and Wales under number 5270864. whose registered office is at Där Lighting Ltd, Wildmere Road, Banbury, OX16 3JZ with email address contact@thehomelibrary.com ; telephone number +44(0)1625 444 881; (the Supplier or us or we).
2. These are the Terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the sale and purchase of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you, of the number and description as set out in the Order;
7. Order means the Customer's order for the Goods from the Supplier as set out in the Customer's order or in the Customer's written acceptance of the Supplier's quotation.
8. The description of the Goods is as set out in our website, catalogues, brochures or other form of advertisement.
9. In the case of Goods made to your special requirements, it is your responsibility to ensure that any information you provide is accurate.
10. The description of the Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Goods.
11. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
12. A Contract will be formed for the Goods ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or if earlier, the Supplier's delivery of the Goods to the Customer.
13. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
14. No variation of the Contract, whether about description of the Goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
15. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier's business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier's and the Customer's simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier's and the Customer's simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
16. The price of the Goods and any additional delivery or other charges for each type of the Goods, and the total price of them and the charges, is that set out in our website or displayed in-store at the date of the Order or such other price as we may agree in writing.
17. Prices and charges include VAT at the rate applicable at the time of the Order, so that, if the rate of VAT increases before acceptance of the Order, we will only increase the price or charge by the amount of that increase if you agree, otherwise we must reject the Order and promptly inform you of this.
18. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
19. We will deliver the Goods to the Delivery Location by the time or within the period agreed, or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into with the exception of bespoke items where individual delivery dates will be agreed.
20. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:a. we have refused to deliver the Goods, or; b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
21. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
22. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
23. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
24. We do not generally deliver to addresses outside England and Wales, Scotland and Northern Ireland. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
25. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
26. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
27. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
28. Risk of damage to, or loss of, the Goods will pass to you when the Goods are delivered to you.
29. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
30. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
31. Upon delivery, the Goods will:a. be of satisfactory quality
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
32. It is not a failure to conform if the failure has its origin in your materials.
33. You will immediately have the benefit of the free one year warranty given by the manufacturer of the Goods. This warranty will take effect at the time the Goods are delivered, and will not reduce your legal or statutory rights.
b, the party's obligations will be extended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's rights
35. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession).
36. The Contract (including any non-contractual matters) is governed by the law of England and Wales.38. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
37. We try to avoid any dispute, so we deal with complaints as follows: Should a customer have a complaint they should contact us by phone or e mail with details of their complaint. We will aim to respond with an appropriate solution within five days.
38. We aim to follow these codes of conduct, copies of which you can obtain as follows:
The Lighting Industry Association available from www.thelia.org.uk
39. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
40. You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 1 day after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, if any goods have been delivered in this time you must return the Goods to any of our business premises in an undamaged condition at your expense. Then we will without delay refund to you the price for those Goods. This does not affect your rights when the reason for the cancellation is any defective Goods.
41. We're unable to issue a pre-paid returns label, returned goods are returned to The Home Library by the purchaser at their own cost. Defective goods can be collected by our delivery partner Monday to Friday 9-4.30 pm (weekend collections are not available), we will refund the postage charges in case of defective Goods.
42. For more information, please refeer to to our returns policy.
These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy, which can be read in full here.