TERMS & CONDITIONS FOR USE OF OUR WEBSITE
1. GENERAL
1.1. Welcome to our website, owned and operated by Palefire Studio Limited (“Palefire”, “us” or “we”) with company number 13174613 and registered address 63/66 Hatton Garden, Fifth Floor Suite 23, London, United Kingdom, EC1N 8LE (“Website”). If you (the “user”) continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy (including our use of cookies) govern Palefire’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
1.2. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts.
2. WEBSITE ACCESS
2.1. It is not necessary to register with us in order to use this Website.
2.2. All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
2.3. Where possible we always try to give advance warning of maintenance issues that may result in Website down-time, but we shall not be obliged to provide such notice.
3. USE OF WEBSITE
3.1. This Website may be used for your own private purposes and in accordance with these terms of use.
3.2. All website content belongs to Palefire, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such content is protected by copyright and other intellectual property rights.
3.3. You may print and download material from this Website only for your own personal use. You must not otherwise copy, modify, reproduce or distribute our Website content without our prior written consent.
3.4. You may not use the Website in any way which: causes, or may cause, damage to the Website; interferes with any other person’s use of the Website; in any way which is unlawful, illegal, abusive or objectionable.
3.5. For information on what happens with the information that you provide to us on this website (ie during the purchase process) please see our privacy policy.
4. LINKS TO AND FROM OTHER WEBSITES
4.1. Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
4.2. Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
4.2.1. you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
4.2.2. you do not misrepresent your relationship with this website; and
4.2.3. the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
4.3. By linking to this Website in breach of the above clauses, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
5. DISCLAIMER
5.1. Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate, we do not guarantee that all material is accurate and/or up to date.
5.2. We give no warranty that the service will be free of defects or faults and we provide no warranties of fitness for purpose, accuracy, compatibility or quality.
5.3. We take reasonable steps to ensure that the Website is secure and free of errors, virus and malware but give no warranty in that regard.
5.4. Palefire reserves the right to alter, suspend or discontinue any part of the Website (including the listed products) at any time.
5.5. It shall be your own responsibility to ensure that any products available through this website meet your specific requirements, please email us with any questions that you may have before making a purchase.
6. EXCLUSION OF LIABILITY
6.1. We do not accept liability for any loss or damage that you suffer as a result of using this Website, including, but not limited to: business losses, corruption of data or any consequential losses.
6.2. Nothing in these Terms and Conditions for Use of our Website shall exclude or limit liability for: death or personal injury caused by negligence; fraud; any other liabilities in any way not permitted under the laws of England and Wales.
_
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 non-binding estimates only, based upon the best available information concerning lead times and transportation schedules. Therefore, orders may be shipped on, prior to) or after the estimated date (after notification to the buyer).
3.2. For all overseas buyers (including in the EU from 1st January 2021), goods are delivered DAP i.e. if there are any customs duties or local taxes to pay these will need to be paid by you (for EU customers this will include VAT) as the goods are imported. There may also be a fee charged for customs clearance by the shipping company, this varies from country to country. If the buyer fails to fulfil its obligations in relation to the payment of customs duties or local taxes, it bears all resulting risks of loss of or damage to the goods.
3.3. Palefire strongly advises that no electricians or contractors 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 a product is delayed.
3.4. Special delivery conditions requested by the buyer should be given at the time of order placement, charges may change accordingly.
3.5. 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. 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 merchandise and quality thereof.
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. Please check your invoice carefully as items will be supplied as per the invoice. It shall be your own responsibility to ensure that any products meet your specific requirements, please email us with any questions that you may have before making a purchase.
2.4. We require full payment to begin production of your order. You own the goods once we have received payment in full, including all applicable delivery charges.
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.
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 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.
4. DELIVERY
4.1. Delivery dates given by Palefire are non-binding estimates only, based upon the best available information concerning lead times and transportation schedules. Therefore, orders may be shipped on, prior to, or after the estimated date (after notification to the buyer).
4.2. For buyers in the UK, delivery is complete when the goods have been delivered at the address for delivery set out in your order.
4.3. For all overseas buyers (including in the EU from 1st January 2021), goods are delivered DAP i.e. if there are any customs duties or local taxes to pay these will need to be paid by you (for EU customers this will include VAT) as the goods are imported. There may also be a fee charged for customs clearance by the shipping company, this varies from country to country. If the buyer fails to fulfil its obligations in relation to the payment of customs duties or local taxes, it bears all resulting risks of loss of or damage to the goods.
4.4 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.
4.5. 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,
4.5.1. we will contact you as soon as reasonably possible to notify you; and
4.5.2. 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.
4.5.3. 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.
4.6. 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 a product is delayed.
4.7. Special delivery conditions requested by the buyer should be given at the time of order placement, charges may change accordingly.
4.8. 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.
4.9. 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, less cost of receiving the goods back from the carrier.
4.10. 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.
4.11. 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 merchandise and quality thereof.
5.2. You must use properly qualified professionals to install Palefire products and it is their responsibility to install these according to local building regulations. Buyers 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. 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.
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.