TERMS & CONDITIONS: CONSUMERS (NON-TRADE CUSTOMERS)

1. General

1.1. The following terms and conditions apply to our non-trade customers (“you”, the “customer”, the “buyer”). They do not affect your statutory rights.

1.2. Unless otherwise agreed in writing by Palefire, all goods are supplied on the following conditions to the exclusion of any terms or conditions stipulated by the buyer and of any representations, warranties or communications not expressly incorporated herein or in the order confirmation.

2. Orders & Payment

2.1. We take payment for our order at the point of you placing an order through the website.

2.2. Palefire’s acceptance of your order takes place when you receive a confirmation email for your order, at which point the contract between you and us will come into existence.

2.3. Please check your confirmation email carefully as items will be supplied as per this.

2.4. You have the right to cancel your order and get a refund (minus transaction fees between 2-4% of total amount spent depending on location) at any point in advance of Palefire commencing production, which will be no sooner than 48 hours (or 24 hours for customised orders) following receipt of your order. For information on returns, please refer to 4. RETURNS below. 

2.5. Palefire reserves the right to cancel or refuse to accept an order due to erroneous information or payment not being received.

2.6. Palefire reserves the right to cancel an order, or part thereof, if a product becomes unavailable; we do not deliver to your area; or one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. Palefire will refund the relevant amount but will not be liable for any other costs incurred as a result of the unavailability.

3. Delivery

3.1. Delivery dates given by Palefire are estimates only, based on the best available information concerning production lead times and transportation schedules. Orders may therefore be shipped before or after the estimated date. We will notify you of any material delay.

3.2. For deliveries outside the UK, unless agreed by us in writing, goods are supplied Delivered at Place (DAP). Customs duties, import taxes, VAT/GST, brokerage fees, customs clearance fees and other local charges imposed in the destination country are not included in the purchase price and are payable by you.

3.3. We ship Palefire lighting internationally and offer wiring options for a range of destinations. Our European-specification luminaires are CE marked and our US-specification luminaires are UL listed. You must select the appropriate wiring or plug specification for your destination when ordering. If the specification you require is not listed on the relevant product page, please contact us at info@palefirestudio.com before placing your order.

3.4. Electrical, safety and installation requirements vary between countries. You are responsible for checking that the product and specification selected are suitable for installation and use in the destination country. All hardwired lighting should be installed by a suitably qualified electrician in accordance with applicable local requirements and our installation instructions.

3.5. You are responsible for ensuring that goods ordered from Palefire may legally be imported into the destination country and for providing any information reasonably required by the relevant customs authority or carrier.

3.6. Palefire is not responsible for delays caused by customs clearance that are outside our reasonable control. If a shipment is refused, returned or cannot be delivered because applicable duties or taxes have not been paid, because of an import restriction, or because you have failed to provide information reasonably required for customs clearance, we may deduct any reasonable return, storage, brokerage or other costs actually incurred by us from any refund otherwise due to you, to the extent permitted by applicable law.

3.7. Palefire strongly advises that no electricians or contractors are booked to install any goods until you are in possession of your order. Palefire will not be responsible for contractor or installation charges resulting from a delay to delivery where the delay is outside our reasonable control.

3.8. Special delivery conditions requested by you should be provided at the time of ordering. Additional charges may apply.

3.9. Customers should inspect deliveries as quickly as possible for any damage or accidental shortages and let us know within 5 days. After 5 days the goods will be deemed to have been accepted as undamaged by the customer.

4. Returns

4.1. Our returns policy is governed by the Consumer Contracts Regulations that came into force on 13 June 2014.

4.2. We accept unwanted item returns for our “Available to Buy” products for a refund (minus transaction fees between 2-4% of total amount spent depending on location) as long as we are notified of the return (by email) within 14 days of delivery. The item(s) must then be returned to us within 14 days of this notification. The cost of the return must be paid by the customer and we must receive the item(s) back in un-installed, un-used and fully resaleable condition. Once we have received the goods back, Palefire will process the refund within 14 days. Please contact us for info on how to ship our fragile lights to minimise the chance of damage in transit.

4.3. We regret that we do not accept returns for any products that are not “Available to Buy” as they are made to order items.

5. Claims

5.1. Please notify Palefire promptly of any in-transit damage or order shortages and, where possible, within 5 days of delivery. Photographs of the packaging and product may be requested to help us investigate a claim. This does not affect your statutory rights in relation to faulty, damaged, misdescribed or otherwise non-conforming goods.

5.2. Customers must use properly qualified professionals to install Palefire products and it is their responsibility to install these according to local building regulations. Customers outside the UK are responsible for ensuring that the products comply with local regulations.

5.3. Palefire will not accept claims for damage resulting from storage by the buyer or for damage and faults resulting from accident, negligence, alteration or misuse after delivery.

5.4. Claims for faulty products must be made in writing to Palefire. Proof of purchase will be required. Photographic evidence and/or returned products may be required when claims are being made.

5.5. If products were bought through a retailer and not directly from Palefire then please make claims to that retailer.

5.6. If you have any questions or complaints about the goods please contact us.  

6. Website & Brochures

6.1. Our photos on the website and in printed brochures are as accurate as possible. However, please note that our products will have variations due to their natural materials and production processes and that colours may vary due to screen and print quality. Measurements are approximate and can also vary slightly.

6.2. The information contained on the Palefire website and printed brochures is for general information purposes only.

7. Disputes

These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England.

8. Validity

Palefire Studio reserves the right to modify the Terms and Conditions without notice. Should this happen the new Terms and Conditions are immediately effective and automatically supersede prior published information.

9. Contact

For any questions please contact: info@palefirestudio.co.uk.

TERMS & CONDITIONS FOR TRADE ORDERS

1. General

1.1. These terms and conditions apply to the order by you, being a business customer (herein known as “you” or the “buyer”), and supply of goods by us (“Palefire”, “us”, “we”) to you.

1.2. No other terms are implied by trade, custom, practice or course of dealing.

1.3. Unless otherwise agreed in writing by Palefire, all goods are supplied on the following conditions to the exclusion of any terms or conditions stipulated by the buyer and of any representations, warranties or communications not expressly incorporated herein.

1.4. When we refer to “in writing” in these terms and conditions, this includes email.

2. Orders and Payment

2.1. Unless otherwise agreed, quotes are valid for 30 days, after which time prices may vary. Please note that a quote does not guarantee the availability of the goods at the eventual time of the order.

2.2. Palefire’s acceptance of your order takes place when we send you an invoice for your order, at which point the contract between you and us will come into existence.

2.3. All products are made-to-order, we require full payment to begin production of your order. Title in and ownership of the goods passes to the buyer once Palefire has received payment in full for the goods, including all applicable delivery charges.

2.4 Palefire’s acceptance of your order takes place when we send you an invoice for your order, at which point the contract between you and us will come into existence which is subject to these terms and conditions.

2.5 Please check your invoice carefully as goods will be supplied as per the invoice. In the event of a conflict between your order and our invoice, the latter shall prevail. It shall be your own responsibility to ensure that any goods meet your specific requirements prior to entering the contract to purchase the goods, please email us with any questions that you may have before making a purchase.

2.6 Where Palefire has supplied a sample of the applicable goods which has been approved by you, the contract shall be deemed to be a contract for sale by sample and the goods supplied by us shall accord with such sample in all material respects and you may not impose on us any requirements regarding the description or specification of the goods which differs from such sample.

2.7 The goods may have variations due to their natural materials and production processes. Any such variations shall not be considered material for the purposes of this clause. Measurements are approximate and can also vary slightly. 

3. Cancellation

3.1. You have the right to cancel your order and get a refund (minus transaction fees between 2-4% of total amount spent depending on location) at any point in advance of us commencing production, which will be no sooner than 48 hours (or 24 hours for customised orders) following receipt of payment for your order. 

3.2. There is no right of cancellation for rush orders, as these will be placed straight into production following receipt of payment for your order.

3.3. Once Palefire has commenced production of your order, we regret we cannot accept cancellation or returns, nor any variation to your order, either in part or in whole.

3.4. Palefire reserves the right to cancel or refuse to accept an order due to erroneous information or payment not being received.

3.5. Palefire reserves the right to cancel an order, or part thereof, if a product becomes unavailable; we do not deliver to your area; or one or more of the products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. Palefire will refund the relevant amount but will not be liable for any other costs incurred as a result of the unavailability.

4. Delivery

4.1. Delivery dates (or lead times, or dispatch dates from which an estimated delivery date is derived) provided by Palefire (including those stated in invoices or order acknowledgements) are estimates only, based upon the best available information concerning production and transportation schedules and time shall not be of the essence. 

4.2. Palefire shall use reasonable endeavours to meet any estimated delivery date but shall not be liable for any delay in delivery unless such delay is caused by Palefire’s wilful default or negligence.

4.3 For the avoidance of doubt, any delay caused by:

4.3.1 the goods being held, delayed, inspected or detained by customs or any governmental or regulatory authority; or 

4.3.2 or any request by the buyer to amend, defer or reschedule the delivery date, 

shall not constitute a delay by Palefire.

4.4. Where the delivery date is amended at the buyer’s request, the amended delivery date shall replace the previous estimated delivery date for the purposes of this clause 4.

4.5. If delivery of any part of an order has not occurred within 60 days after the estimated delivery date, the buyer may, by written notice, cancel the undelivered portion of the order. The buyer’s sole remedy for such delay shall be cancellation of the undelivered portion of the order and a refund of sums paid for the undelivered goods, and Palefire shall have no further liability in respect of such delay.

4.6. For buyers in the UK, delivery is complete when the goods have been delivered at the address for delivery set out in your order. 

4.7. For all deliveries outside the UK, unless otherwise agreed by Palefire in writing, goods are delivered Delivered at Place (DAP). The buyer is responsible for all customs duties, import taxes, VAT/GST, brokerage fees, customs clearance charges and other local charges imposed in connection with the importation or delivery of the goods. These charges are not included in the purchase price unless expressly stated otherwise by Palefire.

4.8. Palefire offers wiring options for a range of international destinations. Our European-specification luminaires are CE marked and our US-specification luminaires are UL listed. The buyer is responsible for selecting the appropriate wiring or plug specification for the destination. If the required specification is not listed on the relevant product page, invoice or other order documentation, the buyer must contact Palefire at info@palefirestudio.com before placing or confirming the order.

4.9. Electrical, safety and installation requirements vary between countries. The buyer is responsible for ensuring that the products and specifications ordered are suitable for installation and use in the destination country and comply with applicable local requirements. All hardwired lighting must be installed by a suitably qualified professional in accordance with Palefire's installation instructions and applicable local regulations.

4.10. The buyer is responsible for ensuring that the goods may legally be imported into the destination country and for providing promptly any information or documentation reasonably required by Palefire, the carrier or the relevant customs authority in connection with customs clearance or importation.

4.11. Palefire shall not be liable for delays caused by customs clearance or import procedures outside its reasonable control. Where a shipment is refused, returned, held or cannot be delivered as a result of unpaid duties or taxes, import restrictions, or the buyer's failure to provide information or documentation required for customs clearance, the buyer shall be responsible for any resulting return freight, storage, brokerage, customs or other reasonable costs incurred by Palefire. Palefire may deduct such costs from any amount otherwise refundable to the buyer.

4.12. Risk of damage to, delay to delivery, or loss of goods shall pass to the buyer at the moment the goods are made available for dispatch and delivery to, or collection by, the buyer or, if sooner, at the commencement of any storage of such goods by Palefire for the buyer.

4.13. Where the buyer defers accepting delivery after the goods have been dispatched, Palefire may charge the buyer for any reasonable storage or additional transport costs that occur as a result. Palefire will hold goods for 5 days from the time that the goods are ready for delivery, free of charge. Any storage time over and above this will be subject to a rate of £30 per item per week.

4.14. Occasionally our delivery to you may be affected by any act or event beyond our reasonable control (Event Outside Our Control).  If an Event Outside Our Control takes place that prevents us performing our obligations, 

4.14.1. we will contact you as soon as reasonably possible to notify you; and 

4.14.2. our obligations will be suspended and the time for performance of our obligations will be extended for the period of the Event Outside Our Control.

4.14.3. you can cancel the order affected by the Event Outside Our Control which has continued for more than 120 days after the date of the order and we will refund you for the price you have paid including any delivery charges.

4.15. Palefire strongly advises that no electrician or contractor be booked to install any goods until such a date that the buyer is in possession of their order. Palefire will not accept responsibility for any charges in the event that delivery of the goods is delayed.

4.16. Special delivery conditions requested by the buyer should be given at the time of order placement, charges may change accordingly.

4.17. If we fail to deliver the goods, our liability is limited to the price you paid for the goods. We will not be liable to the extent that failure to deliver was caused by an Event Outside Our Control or you failed to provide adequate delivery instructions, or any other instructions that are relevant to the supply of goods.

4.18. If you fail to take delivery within 30 days of us sending you a dispatch notice via email we may resell part of all of the goods and repay you the price you paid for the goods, less storage charges and less cost of receiving the goods back from the carrier.

4.19. Should the buyer have a preferred courier, the terms will revert to Ex-Works, with all risk in the goods to be passed to the buyer upon collection from Palefire’s premises.

4.20. You should inspect deliveries as quickly as possible for any damage or accidental shortages and let us know within 5 days. After 5 days the goods will be deemed to have been accepted as undamaged by you.

5. Claims

5.1. Claims for in-transit damage and order shortages must be notified to Palefire within 5 days of delivery. Failure to make such claims within the specified time constitutes acceptance of the goods and quality thereof.

5.2. Products must be installed and used in accordance with Palefire's installation instructions. Palefire will not accept claims arising from installation carried out otherwise than in accordance with clause 4.9.

5.3. Palefire will not accept claims for damage resulting from storage by the buyer or for damage and faults resulting from accident, negligence, alteration or misuse after delivery.

5.4. Claims for faulty goods must be made in writing to Palefire. Proof of purchase will be required. Photographic evidence and/or returned goods may be required when claims are being made.

5.5. If goods were bought through a retailer and not directly from Palefire then please make claims to that retailer.

5.6. If you have any questions or complaints about the goods please contact us.

6. Our Liability

6.1. References to liability include every kind of liability arising under or in connection with the contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution, or otherwise.

6.2. Nothing in these terms and conditions excludes liability for:

6.2.1. Death or personal injury caused by our negligence;

6.2.2. Fraud or fraudulent misrepresentation;

6.2.3. Breach of the terms implied by section 12 of the Sale of Good Act 1979 (title and quiet possession); or

6.2.4. Any other liability that cannot be limited or excluded by law.

6.3. Subject to clause 6.2, we will not be liable to you for:

6.3.1. Any loss of profits, sales, business or revenue;

6.3.2. Loss of business opportunity;

6.3.3. Loss of goodwill; or

6.3.4. Any indirect or consequential loss.

6.4. Subject to clause 6.2, our total liability to you for all losses arising under or in connection with the contract will in no circumstances exceed 100% of the price of the goods (which includes shipping charges).

7. Website & Brochures

7.1. The information contained on Palefire’s website and printed brochures is for general information purposes only.

7.2. The photos on Palefire’s website and in printed brochures are as accurate as possible. However, please note that our products will have variations due to their natural materials and production processes and colours may vary due to screen and print quality. Measurements are approximate and can also vary slightly.

8. Disputes

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England.

9. Contact

For any questions please contact: info@palefirestudio.com.