Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website.
The Website is owned and operated by Innovation LEDs, which is a trading style of Alliance Netserve Ltd - a company registered in England and Wales. Company number: 05759250 Registered office: 3 High Street, St. Lawrence, Ramsgate, Kent, England, CT11 0QL
1.1. You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
1.2. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
1.3. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at any time because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
1.4. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
2. REGISTERING ON THIS WEBSITE
2.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
2.2. By registering on the Website you undertake:
2.2.1. That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects.
2.2.2. You will notify us immediately of any changes to the information provided on registration.
2.2.3. You are over 18 or if under 18 you have a parent or guardian's permission to register with the Website in conjunction with and under their supervision.
2.2.4. To only use the Website using your own username and password.
2.2.5. To make every effort to keep your password safe.
2.2.6. Not to disclose your password to anyone.
2.2.7. To change your password immediately upon discovering that it has been compromised.
2.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.
2.3. You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
3. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
3.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
3.1.1. Be 18 years of age or over.
3.1.2. Be legally capable of entering into a binding contract.
3.1.3. Provide full details of a delivery address in the United Kingdom.
3.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
4. INTELLECTUAL PROPERTY
4.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Innovation LEDs moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
4.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
4.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
4.4. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
4.5. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
5.1. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
5.2. We will not be liable to you if the Website is unavailable at any time.
5.3. We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
5.4. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
5.5. Any prices and offers are only valid at the time they are published on the Website.
5.6. All prices and descriptions supersede all previous publications.
5.7. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
5.8. The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
5.9. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
5.10. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
5.11. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
5.12. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
5.13. We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
6. USE OF THE WEBSITE
6.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
6.2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
6.3. We reserve the right to:
6.3.1. Make changes to the information or materials on this Website at any time and without notice to you.
6.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
6.3.3. Refuse to post material on the Website or to remove material already posted on the Website.
6.4. You may not use the Website for any of the following purposes:
6.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
6.4.2. Breaching any applicable local, national or international laws, regulations or code of practice.
6.4.3. Gaining unauthorised access to other computer systems.
6.4.4. Breaching any laws concerning the use of public telecommunications networks.
6.4.5. Interfering with, disrupting or damaging networks or websites connected to the Website.
6.4.6. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website.
6.4.7. To create and/or publish your own database that features all or substantial parts of the Website.
6.5. In addition, you must not:
6.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website.
6.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it.
6.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack.
6.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website.
6.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7. SUSPENDING OR TERMINATING YOUR ACCESS
7.1. We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
7.1.1. You fail to make any payment to us when due.
7.1.2. You breach the terms of these terms and conditions (repeatedly or otherwise).
7.1.3. You are impersonating any other person or entity.
7.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity.
7.1.5. We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1. Not with-standing any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
8.1.1. Death or personal injury resulting from our negligence.
8.1.2. Fraud or fraudulent misrepresentation.
8.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987.
8.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
8.2. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
8.2.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings).
8.2.2. Any loss of goodwill or reputation; or
8.2.3. Any special or indirect losses; or
8.2.4. Any loss of data
8.2.5. Wasted management or office time.
8.2.6. Any other loss or damage of any kind.
8.3. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
8.4. This clause does not affect your statutory rights as a consumer.
8.5. Unless explicitly stated in this website next to the Warranty field of the Technical Information area inside the Product Description found on each individual product page ('N/A' INDICATES NO WARRANTY FOR THAT PRODUCT), all products on this website will by default be subject to a 3 year manufacturer’s warranty. This warranty does not apply to damage or failure to perform arising as a result of any Acts of God or from any abuse, misuse, abnormal use or use in violation of any applicable standard, code or instructions for use including without limitation those contained in the latest safety, industry and/or electrical standards for the relevant region(s). This includes:
8.5.1. Using our dimmable LED bulbs with anything other than a recommended trailing edge dimmer switch.
8.5.2. Using our low voltage LED bulbs with anything other than a recommended LED driver.
8.6. If an item is incorrectly priced/ under-priced we are not at liberty to sell the item at that price unless it has already been dispatched.
9.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
9.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
9.3. If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
9.4. A waiver by us of any default shall not constitute a waiver of any subsequent default.
9.5. 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.
9.6. All prices advertised on Innovation LEDs website are inclusive of 20% VAT.
10. GOVERNING LAW AND JURISDICTION
10.1 The Website is controlled and operated in the United Kingdom.
10.2. These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
11.1. Innovation LEDs will not be responsible for the compatibility of products bought from our websites with the compatibility of products not bought from our website.
12.1. Delivery dates (if any) given by the Company are given in good faith to indicate estimated delivery times but will not amount to any contractual obligation to deliver at the times stated. The Company will not be liable for any loss including (but not limited to) loss of profit, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence) nor unless any delay exceeds 180 days will such delay entitle the Buyer to terminate or rescind the contract.
12.2. All orders for Next Day service must be placed by 2pm on date of order to qualify for Next Day service and will be delivered the next working day thereon or the following day after if 2pm deadline has passed. Saturdays and Sundays and Bank Holidays are not applicable to any delivery service we offer.
13.1. Goods correctly supplied may be returned (at the buyers expense) without the Company’s written agreement within 30 days of purchase date. Goods so returned must be consigned carriage paid and accompanied by a Returns Form stating the recipients invoice/order number and date thereof together with the reason for return.
13.2. Goods supplied in error returned for exchange will be shipped to back to the buyer at the Company's expense.
13.3. Goods returned due to miss-pick, damage or failure should be sent Royal Mail 2nd Class Recorded Delivery as we will not reimburse any other method of shipment.
13.4. Goods returned outside of the 30 day return period starting from when your order has been delivered according to our system will not be accepted for a refund or exchange claim under any circumstances.
13.5. The Returns policy does not apply to damage or failure to perform arising as a result of any Acts of God or from any abuse, misuse, abnormal use or use in violation of any applicable standard, code or instructions for use including without limitation those contained in the latest safety, industry and/or electrical standards for the relevant region(s).
13.6. Goods returned within 30 days of purchase not including their original packaging must be in perfect operational condition and will be charged a 15% restocking fee. A credit or exchange will be offered. A delivery charge may be applicable.
13.7. Any Goods returned to the Company that were not originally purchased from the Company will be made available for redelivery at sender’s expense for 7 days after delivery. The Company will not and does not take responsibility for any goods that are not theirs on their premises. After 7 days the goods will be destroyed.
13.8. If you return goods that don't adhere to our returns procedure or don't include a returns form, your refund claim may not be processed.
13.9. Innovation LEDs take no responsibility for items that are lost or damaged on their way back to us. We advise customers to package their bulbs carefully and to use at least a second class recorded service.
14. PASSING OF TITLE/RISK
14.1. Risk of damage to or loss of the Goods will pass to the Buyer upon delivery.
14.2. Ownership of the Goods will not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account.
14.3. Until ownership of the Goods has passed to the Buyer, the Buyer must:
14.3.1. Hold the Goods on a fiduciary basis as the Company’s bailee;
14.3.2. Store the Goods (at its own cost) separately from all other goods of the Buyer or
14.3.3. Any third party so that they are identifiable as the Company’s property;
14.4. Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
14.5. Maintain the Goods in satisfactory condition insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer will produce evidence of the policy of insurance to the Company; and
14.6. Hold any proceeds of such insurance on trust for the Company separately from any other money, and not pay the proceeds into an overdrawn bank account.
15. CLEARANCE ITEMS
15.1. Goods bought from promotional offers that are offered as clearance or end of line will be refundable at the sale price only. If the item is no longer stocked by the company there will be no material replacement. Credit can be issued against a replacement product.
16. INNOVATION LEDS PRODUCT LIMITED WARRANTY
- The warranty as described herein shall apply only to Innovation LEDs lighting products sold in the European Union.
- Innovation LEDs warrants that the Innovation LEDs product shall be free from significant defects in materials and workmanship for a period mentioned in the sales agreement, product manual or packaging. This warranty gives you specific rights and you may have other rights, which may vary under different jurisdictions.
- For warranty service please contact your place of purchase.
- Terms and conditions
a) The Innovation LEDs warranty benefits only the original purchaser. If any product is returned by the purchaser in accordance with the Warranty Claims section below, within the applicable warranty period and upon examination Innovation LEDs determines to its satisfaction that such product failed to satisfy this warranty. Innovation LEDs will at its option repair or replace the defective product. Where a product has been discontinued or is no longer available, Innovation LEDs may provide an alternative of a similar or better specification and design. Innovation LEDs will endeavour to provide a close a match as possible, however due to rapid developments of products; Innovation LEDs cannot guarantee a match and will not accept liability for such.
b) For clarity, repair or replacement of the defective product or part thereof does not include any costs or expenses for removal or re-installation activities, including labour costs and any special and incidental costs or consequential damages including but not limited to, damage to property, loss of revenue or profits or other miscellaneous costs not previously mentioned.
- Warranty Period, Conditions and Exclusions
The limited warranty only applies when;
a) The product has been properly wired, installed and operated within; the electrical values, operating range and environmental conditions provided in the specifications, application guidelines, instruction manuals or any other documents accompanying the product or on the www.innovationleds.co.uk website, or on the original product manufacturer website.
b) The product has been installed by a qualified electrician (except for lamps which should be installed by a competent person) in compliance with recognised electrical and safety regulations relevant to the country where the product is being installed.
c) The warranty period starts on the date of invoice. The warranty period is based on a burning behaviour of maximum 4000 hours/year at an ambient temperature of 25C with 10 mm spacing.
d) The Purchaser and or user shall not rely upon any other information or documentation.
6. The warranty only covers products applied within their intended use or normal use defined by:
a) Operating conditions are in accordance with the information on the products AND
b) Ambient temperature never exceeds the operating temperature specified on the product datasheet available on the product manufacturers website (product specific).
c) The relative humidity in the installation never exceeds 80% RH, or never exceeds the IP rating (if any is provided) AND
d) The product is not subject to more switching cycles as defined on the product packaging or specification sheet a switching cycle being defined as least 30 seconds ON and 30 seconds OFF. AND
e) The electrical installation in which the product operates is not subjected to voltage fluctuations in a range exceeding 230V + or - 10%.
7. Warranty Claims
Warranty claims should comply with the following;
a) All warranty claims are subject to an Innovation LEDs representative having access to the failed product for verification of non-compliance should it be required.
b) A valid proof of purchase is required; Innovation LEDs will not be liable for warranty claims if this not provided.
c) Details of the qualified installer who carried out the installation (except for lamps).
d) A detailed description of the fault, installation and details of application hours burned and switching cycles.
e) Products should be returned to the seller with a copy of the proof of purchase and description of claim.
f) The product should not have altered or modified in anyway.
g) The product has been installed by a qualified electrician (except lamps) in accordance with instructions provided and in compliance with recognised electrical and safety regulations relevant to the country where the product is being installed.
h) Faults caused by installer error including but not limited to connection to an incorrect power supply or unsuitable dimmer, transformer or driver are excluded from the warranty.
8. The limited warranty does not cover accidental damage, abuse or misuse, wear and tear, unauthorised repair, modification or disassembly, or use in abnormal conditions or consequential or incidental losses.
9. Innovation LEDs - does not warrant uninterrupted or error-free operation of the product, or compatibility with all current or future hardware, controls or software or that the product can be made compliant. The product must not be used in any application (e.g. medical or military) where failure could threaten injury or life.
10. To the extent permitted by applicable laws, Innovation LEDs entire liability and your exclusive remedy for a breach of any warranty shall be at Innovation LEDs option to (1) repair or replace the product (with a better or equivalent product) or (2) refund the purchase price paid - provided the product is returned at the user's risk and cost to the point of purchase (or other reasonable point given by Innovation LEDs with a copy of a proof-of-purchase. This limited warranty is non-transferable and limited to the original purchaser in the country or territory of purchase.
11. You must obtain a returns number (RMA) before returning any product. Any repair or replacement shall be warranted for the remainder of the warranty period or 60 days whichever is longer.
12. To the extent permitted by applicable law - The limited warranty expressed in this agreement replaces all other warranties. Innovation LEDs / Alliance Netserve Ltd (or any third party suppliers) makes no other warranty or condition, whether expressed or implied including but not limited to the merchant-ability and fitness for a particular purpose.
Limitation of Liability
- TO THE EXTENT PERMITTED BY APPLICABLE LAW -UNDER NO CONDITIONS IS INNOVATION LEDS / ALLIANCE NETSERVE LTD (OR ANY THIRD PARTY SUPPLIERS) LIABLE FOR ANY LOSS OR DAMAGE TO DATA, LOSS OF PROFITS, REVENUES OR SAVINGS, LOSS OF CONTRACTS, INCREASED COSTS, COST IN PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SPECIAL, INDIRECT CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGES ARISING FROM THE SALE, USE OR MISUSE OF ANY PRODUCT OR SERVICE SUPPLIED BY INNOVATION LEDS / ALLIANCE NETSERVE LTD. EVEN IF INNOVATION LEDS / ALLIANCE NETSERVE LTD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. INNOVATION LEDS / ALLIANCE NETSERVE LTD LIABILITY SHALL BE LIMITED TO THE PURCHASE VALUE OF THE PRODUCT. NOTHING WITHIN THESE TERMS AND CONDITIONS RESTRICTS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
- THIS LIMITED WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS UNDER APPLICABLE LAWS. YOUR RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION. THEREFORE SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
17. BILLING TERMS
- Unless otherwise agreed by the Company in writing, accounts are payable in full prior to delivery of the Goods taking place. If the Buyer has exceeded any agreed credit terms, the Company may demand immediate payment of all amounts outstanding from the Buyer to the Company on any account. The Company reserves the right to withdraw credit at any time and demand immediate payment of all monies outstanding.
- The Company, at its discretion, shall be entitled to exercise its statutory right to claim interest under the Late Payment of Commercial Debts Regulations 2002, as modified or re-enacted from time to time. The Company may exercise this right, in addition to any other rights it may have in respect of Goods or non-payment.
- Where the contract is to be or may be fulfilled in separate installments, deliveries or parts, payment for each such installment delivery or part will be made as if the same constituted a separate contract. Failure by the Buyer to pay for an installment in accordance with this clause will entitle the Company without prejudice to its other rights and remedies to suspend further deliveries of Goods under any other contract to the Buyer, pending payment by the Buyer.
- The Buyer will indemnify the Company against all cost, losses and liability including but not limited to all legal expenses and disbursements incurred by the Company in recovering any amount which is overdue from the Buyer to the Company pursuant of the Agreement or otherwise.