TERMS OF SERVICE - sollux-lamps.co.uk

1. GENERAL PROVISIONS

1. The website available at https://sollux-lamps.co.uk/ is operated by SOLLUX LIGHTING LTD, 85 Great Portland Street, First Floor, W1W 7LT London, VAT: GB371138117.
2. Contact details:
   1. Correspondence address (office):
      1. SOLLUX LIGHTING LTD, 85 Great Portland Street, First Floor, W1W 7LT London
      2. Email: contact@sollux-lamps.co.uk
      3. Phone: +44 20 3936 1332
      4. Online chat on the website https://sollux-lamps.co.uk/
3. Definitions used in the Terms and Conditions:
   1. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, a natural person with limited legal capacity who has reached the age of 16; (2) a legal person;
   2. CONSUMER – a customer who is a natural person using the Online Store, in particular, making purchases for purposes not directly related to their business or professional activities.
   3. ONLINE STORE – the online store operating within the Service, available at https://sollux-lamps.co.uk/, run by the Seller.
   4. SELLER – SOLLUX LIGHTING LTD, 85 Great Portland Street, First Floor, W1W 7LT London, VAT: GB371138117, email: contact@sollux-lamps.co.uk, phone number: +44 20 3936 1332.
   5. PRODUCT – a movable item available in the Online Store, subject to a Sales Agreement between the Customer and the Seller.
   6. TERMS AND CONDITIONS – these Terms of Service.
   7. SALES AGREEMENT – a sales agreement for the Product concluded or entered into between the Customer and the Seller via the Online Store.
   8. CONSUMER RIGHTS ACT – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumer Rights Act 2015, and The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018.
   9. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that allows placing Orders, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
   10. ORDER – the Customer's declaration of intent submitted via the Order Form and directly aimed at concluding a Sales Agreement for the Product with the Seller.
   11. BUSINESS – a natural person, legal person, or organizational unit not being a legal person, granted legal capacity by law, conducting business or professional activity on their own behalf and performing a legal transaction directly related to their business or professional activity.
   12. SERVICE – a platform enabling Customers to make purchases and use other services provided by the Seller, comprising interconnected websites available at https://sollux-lamps.co.uk/.
   13. ACCOUNT – an Electronic Service available in the Service. It is a set of information identified by an individual Login and Password provided by the Customer, stored in the IT system, allowing the Customer to use additional functionalities such as tracking Order status, accessing Order contents, Order history, and accessing Customer personal data. Account login is possible after prior registration.
   14. CONTACT FORM – an Electronic Service available in the Service intended to enable visitors to https://sollux-lamps.co.uk/ to send messages to the Seller, allowing the retention of written correspondence with the Seller, including the date and time of such correspondence on a durable medium, constituting a digital service under applicable law. Correspondence with the Customer is sent to the email address provided by the Customer.
   15. NEWSLETTER – an Electronic Service available in the Service intended to allow sending periodic information to interested persons in the form of electronic correspondence to the indicated email address regarding the Seller's business activities using the Content.
   16. LIVE CHAT – an Electronic Service available in the Service intended to enable visitors to send messages to the Seller, allowing the retention of written correspondence with the Seller, including the date and time of such correspondence on a durable medium, constituting a digital service. Correspondence with the Customer is sent to the email address provided by the Customer.
   17. REVIEWS – an Electronic Service available in the Service intended to allow submitting subjective and individual information about the Products purchased by the Customers, constituting a digital service.
   18. CONTENT – textual, graphic, or multimedia elements, including those protected by copyright, presented and distributed within the Service or the Newsletter.
4. These Terms and Conditions define the general rules for using the Service and the Online Store, in particular regarding the conclusion of sales agreements for goods, the complaints procedure, and the rules for exercising the right of withdrawal.
5. The Terms and Conditions are provided free of charge before concluding the Sales Agreement in a form that allows obtaining, reproducing, and preserving them by printing, saving to an appropriate medium, or downloading in PDF format. Each version of the Terms and Conditions is available at: https://sollux-lamps.co.uk/.
6. In matters not regulated by the Terms and Conditions, the provisions of generally applicable law shall apply.
7. To use the Service correctly, access to the internet and an active email address is required.
8. In the web browser, JavaScript support must be enabled, and Cookies must be allowed.
9. The Seller applies appropriate technical and organizational measures to ensure the security of the Services and functionalities provided. Using the Service involves typical risks related to the use of services provided electronically, including the transmission of data over the internet, such as loss and access by unauthorized persons.

2. ELECTRONIC SERVICES IN THE SERVICE

The Seller provides the following Services free of charge to Customers via the Service:

• creating and managing an Account;
• enabling the use of the Cart service;
• enabling receipt of the Seller's Newsletter – after obtaining consent;
• enabling communication with the Seller via the Contact Form;
• enabling communication with the Seller via the Live Chat;
• enabling the posting of reviews about Products.

3. ORDERS

1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has submitted an Order via the Order Form in the Online Store.
2. The prices of Products indicated on the Online Store's website are provided in GBP and are gross prices – including taxes, including Value Added Tax (VAT).
3. Prices do not include delivery costs. The delivery cost depends on the chosen method of Product delivery. The Customer selects the delivery method when placing an order. The Customer is informed about the total price, including taxes, as well as the delivery costs and other costs during the ordering process, as well as at the time the Customer expresses their intention to be bound by the Sales Agreement.
4. Orders for Products available in the Online Store's assortment can be placed via the Online Store 24/7, subject to restrictions or prohibitions resulting from mandatory legal provisions.
5. Procedure for concluding a Sales Agreement in the Online Store:
   1. The process of placing an order follows the content of the Order Form, which indicates the scope of data and information necessary for proper order submission.
   2. The Seller has the option to control and verify the data entered by the Customer to correct any errors. After checking the Order, the Seller sends an email to the provided address:
      • with confirmation of the acceptance of one or more offers for Products placed within the Order and confirmation of the conclusion of the Sales Agreement, or
      • with information about the inability to accept the offers for Products placed within the Order.
   3. If it is not possible to accept the offer submitted within the Order, the Sales Agreement is not concluded, and the Seller immediately, but no later than within 14 days, refunds the Customer any payments made, to the extent that the Sales Agreement was not concluded. The refund is made using the same payment method used when placing the Order.
   4. After placing the order, the Seller confirms its receipt. The confirmation of the receipt of the order by the Seller (containing a breakdown of all significant components of the order) is sent to the email address provided in the order. Upon receipt of the above email, the Sales Agreement is concluded between the Customer and the Seller.
6. Prices listed for a given Product are specified as:
   • regular price – the price used without a promotion on the given Product,
   • promotional price – used during a discount,
   • lowest price from the last 30 days – provided for informational purposes in case of a price reduction on a given Product.

4. PAYMENT METHODS AND TERMS

1. The Seller offers the Customer the following payment methods for the Sales Agreement:
   1. Payment by traditional bank transfer to the Seller's bank account.
   2. Payment by electronic bank transfer or credit card to the Seller's bank account.
   3. Payment using payment operators.
2. In addition to the purchase price, the Customer is required to cover the costs associated with packaging and delivery of the products as applicable.

5. DELIVERY METHODS, TERMS, AND COSTS

1. Product delivery is available within the United Kingdom and Northern Ireland.
2. The delivery of the Product to the Customer is subject to a fee unless the Sales Agreement provides otherwise. The delivery costs of the Product (including transportation, shipping, and postal services fees) are indicated to the Customer on the Online Store's website in the "Delivery Costs" tab and during the Order process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.
3. Delivery of the ordered Products is carried out through one of the available carriers indicated on the website https://sollux-lamps.co.uk/.
4. Delivery of Products is carried out within 14 days unless otherwise specified in the product description. The delivery time is calculated from the date the payment is credited to the Seller's bank account.

6. COMPLAINTS – SELLER'S LIABILITY TO THE CONSUMER FOR PRODUCT NON-CONFORMITY WITH THE SALES AGREEMENT

1. The Seller is obliged to deliver to Consumers a Product compliant with the Sales Agreement.
2. The Seller is liable to the Consumer for any lack of conformity of the Product with the Sales Agreement and defects existing at the time of delivery and revealed within two years from that moment, unless the Product's shelf life determined by the Seller, its legal predecessors, or persons acting on their behalf is longer.
3. The Product is compliant with the Sales Agreement if it:
   • is suitable for the purposes for which goods of that type are generally used, taking into account applicable legal provisions, technical standards, or good practices, and
   • is delivered in the quantity and quality consistent with the product description provided in the Service.
4. The Seller is not liable for any lack of conformity of the Product with the Sales Agreement if the Consumer was expressly informed of the specific feature of the Product deviating from the requirements of conformity with the Sales Agreement at the latest at the time of concluding the Sales Agreement.
5. The Seller is liable for any lack of conformity of the Product with the Sales Agreement resulting from incorrect installation of the Product, if it was carried out by the Seller or under their responsibility.
6. If the Product is non-compliant with the Sales Agreement, the Consumer may request its repair or replacement.
7. The Seller may replace the Product when the Consumer requests repair, or the Seller may repair the Product when the Consumer requests a replacement, if bringing the Product into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller.
8. If both repair and replacement are impossible or involve excessive costs, the Seller may refuse to bring the Product into conformity with the Sales Agreement. In such a case, the Consumer may submit a statement to reduce the price or withdraw from the Sales Agreement.
9. The Seller will carry out the repair or replacement of the Product within a reasonable time after being informed by the Consumer about the lack of conformity of the Product with the Sales Agreement, without significant inconvenience to the Consumer, taking into account the nature of the Product and the purpose for which the Consumer acquired it. The costs of repair or replacement, including in particular postal fees, transportation, labor, and materials, are borne by the Seller. The Seller provides for the collection of the Product at their own cost via a courier service. Information regarding the exercise of the right to file a complaint about a Product non-compliant with the Sales Agreement is provided at https://sollux-lamps.co.uk/ in the "My Orders" section under "I want to file a complaint."
10. The Consumer may submit a statement to reduce the price or withdraw from the Sales Agreement if the Product is non-compliant with the Sales Agreement, in the following cases:
    1. The Seller has refused to bring the Product into conformity with the Sales Agreement;
    2. The Seller has not brought the Product into conformity with the Sales Agreement;
    3. The lack of conformity of the Product with the Sales Agreement persists, despite the Seller's attempts to bring the Product into conformity with the Sales Agreement;
    4. The lack of conformity of the Product with the Sales Agreement is significant enough to justify an immediate reduction in price or withdrawal from the Sales Agreement;
    5. It is clear from the Seller's statements or the circumstances that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable time or without significant inconvenience to the Consumer.
11. The Seller may not accept the Consumer's withdrawal from the Sales Agreement if they can prove that the lack of conformity with the Sales Agreement is insignificant.
12. In the event of withdrawal from the Sales Agreement, the Consumer promptly returns the Product to the Seller at the Seller's cost. The Seller refunds the price no later than 14 days from the date of receipt of the Product or proof of its return. If the non-conformity of the Product with the Sales Agreement concerns only some of the Products delivered under the Sales Agreement, the Consumer may withdraw from the Sales Agreement only regarding certain Products.
13. The Seller refunds the price using the same payment method used by the Consumer, unless the Consumer expressly agrees to another refund method, which does not involve any costs to them.
14. Complaints regarding the conformity of the Product with the Sales Agreement may be submitted in the following ways:
    1. In writing to the Seller's address: SOLLUX LIGHTING LTD, 85 Great Portland Street, First Floor, W1W 7LT London, VAT: GB371138117;
    2. Electronically via email to contact@sollux-lamps.co.uk;
    3. By phone at +44 20 3936 1332.
15. It is recommended that the Consumer provide information and circumstances concerning the subject of the complaint (Product name, purchase date), in particular the type and date of the lack of conformity with the Sales Agreement, and, if necessary, additional photographic documentation. The Consumer should also provide a detailed description of their claim.
16. The Seller will respond to the complaint submitted by the Customer promptly, but no later than within 14 calendar days from the date of receipt. If the Seller fails to respond within the specified period, it is assumed that the claim has been recognized as justified.
17. After the complaint is reviewed (whether positively or negatively), the Seller returns the Product directly to the Consumer at no cost. If the Product is not collected by the Consumer and is returned to the Seller's headquarters, the Seller contacts the Consumer by phone or the email address provided in the complaint, informing them of the possibility of personal collection of the Product or the possibility of resending it at the Consumer's cost. The Consumer has 30 days to collect the returned Product or to submit a statement regarding the reshipment. After exceeding this period, the returned Product is sent to the Seller's logistics facility, which is entitled to charge storage costs to the Consumer, and in the absence of storage space, the Product may be disposed of at the Consumer's expense and risk. In the case of disposal, the Seller refunds the purchase price, deducting the cost of storage and disposal.
18. The Seller is liable for any lack of conformity of the Product with the Sales Agreement that existed at the time of delivery and was revealed within two years of the delivery of the Product.

7. WARRANTY

[FOR CONSUMERS]

1. Products manufactured by the Seller may be covered by a durability warranty.
2. If a defect in the Product is revealed, and it does not conform to the provided warranty, the Consumer is entitled to:
   • repair of the sold Product;
   • replacement of the defective Product with a Product conforming to the warranty;
   • return of the Product and withdrawal from the Sales Agreement;
   • reduction of the Product price.
3. Detailed information about warranty conditions is available after scanning the QR code on the Product packaging and in the Product description on the website: https://sollux-lamps.co.uk/. Complaints about Product defects can be submitted as specified in section 6.14 of the Terms and Conditions.
4. It is recommended that the complaint include information and circumstances regarding the subject of the complaint (Product name, purchase date), in particular the type and date of the lack of conformity with the warranty statement, as well as the request based on the applicable rights by specifying how the Product should be brought into compliance with the warranty statement.
5. The Seller will respond to the complaint within 14 days from the receipt of the complaint, sending the Consumer a response in the same manner as the complaint was submitted under the warranty.
6. The provisions of this section apply accordingly to Sole Proprietors Acting as Consumers.

[FOR BUSINESSES]

1. Products manufactured by the Seller may be covered by a durability warranty.
2. If defects in the Product are revealed during the warranty period, the Business is entitled to:
   • repair of the sold Product;
   • replacement of the defective Product with a Product conforming to the warranty;
   • return of the Product and withdrawal from the Sales Agreement;
   • reduction of the Product price.
3. Detailed information about warranty conditions is available after scanning the QR code on the Product packaging and in the "Warranty" section on the website: https://sollux-lamps.co.uk/.
4. Complaints regarding Product defects covered by the Seller's warranty can be submitted according to the rules specified in section 6.14 of the Terms and Conditions.
5. The Seller will respond to the complaint within 14 days from the receipt of the complaint, sending the Business a response in the same manner as the complaint was submitted regarding the warranty-covered Product.

8. RIGHT OF WITHDRAWAL BY THE CONSUMER

1. The Consumer may withdraw from the Sales Agreement for the Product within 14 calendar days without providing a reason. To meet the deadline, it is sufficient to send the statement before its expiration. The withdrawal statement can be submitted:
   • Electronically via email to: contact@sollux-lamps.co.uk
   • In writing to: SOLLUX LIGHTING LTD, 85 Great Portland Street, First Floor, W1W 7LT London, VAT: GB371138117.
2. The withdrawal period for the Sales Agreement begins for the Sales Agreement in which the Seller delivers the Product – from the moment the Consumer or a third party other than the carrier acquires possession of the Product, and in the case of a Sales Agreement involving multiple Products that are delivered separately, in batches or in parts – from the moment the last Product, batch, or part is acquired in possession. For other contracts, from the day of their conclusion.
3. In the event of withdrawal from a distance contract, the contract is considered not concluded. If the Consumer has made a statement of withdrawal from the contract before the Seller accepted their offer, the offer ceases to be binding.
4. The Seller is obliged to immediately, but no later than within 14 calendar days from the day of receipt of the Consumer's withdrawal statement, return all payments made by the Consumer, including the costs of Product delivery (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method available in the Online Store). The Seller refunds the payments using the same payment method that the Consumer used, unless the Consumer expressly agrees to a different refund method, which does not involve any costs.
5. The Seller may withhold the refund of payments received from the Consumer until the Product is returned or until the Consumer provides proof of its return, depending on which event occurs first.
6. If the Seller has not offered to collect the Product themselves from the Consumer, they may withhold the refund of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, depending on which event occurs first.
7. The Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than within 14 calendar days from the day on which they withdrew from the Sales Agreement, unless the Seller has offered to collect the Product themselves. The deadline is met if the goods are sent back before the deadline expires. The Product should be returned to the address of the Warehouse: DWA GROUP LTD, UNIT 4, Queensway, Andover SP10 5LG.
8. The Consumer bears only the direct costs of returning the Product.
9. The Consumer is responsible for the reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8A. WITHDRAWAL FROM CONTRACTS FOR DIGITAL SERVICES

1. In the case of withdrawal from the contract for the provision of a digital service, the Seller may not use any content other than personal data provided or created by the Consumer during the use of the digital services provided by the Seller, except for content that:
   1. is useful only in connection with the digital service that was the subject of the contract;
   2. concerns only the Consumer's activity while using the digital services provided by the Seller;
   3. was combined by the Seller with other data and cannot be separated from them, or can only be separated with disproportionate effort;
   4. was created by the Consumer jointly with other consumers, who can still use it.
2. The Seller, at the Consumer's request, provides them with content other than personal data, which was provided or created by the Consumer during the use of digital services provided by the Seller.
3. The Consumer has the right to retrieve digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used machine-readable format.
4. In the event of withdrawal from the contract, the Seller may prevent the Consumer from further using the digital services, in particular by disabling the Consumer's access to the digital services or blocking the Account.
5. In the event of withdrawal from the contract for the provision of a digital service, the Consumer is obliged to stop using the digital service and make it unavailable to third parties.
6. The provisions of this section apply accordingly to Businesses with Consumer Rights.

9. PROVISIONS FOR BUSINESSES

1. This section of the Terms and Conditions and the provisions contained herein apply only to Businesses.
2. The Seller and the Business have the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Along with the withdrawal statement, the Business is required to return to the Seller the Product that is the subject of the agreement to which the withdrawal applies. The Seller refunds the payment using the same payment method used when placing the Order.
3. The Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method chosen by the Business and the fact of concluding the Sales Agreement.
4. At the moment of delivering the Product to the carrier, the benefits and burdens related to the Product, as well as the risk of accidental loss or damage to the Product, pass to the Business. The Seller is not responsible for the loss, shortage, or damage to the Product that occurred from the time it was accepted for transport until it was delivered to the Business, or for any delay in the shipment's delivery.
5. In the event of sending the Product to the Customer via a carrier, the Business is obliged to inspect the shipment in a manner and within the time typical for shipments of this kind. If they find that during the transport, the Product suffered a loss or damage, they are obliged to take all actions necessary to establish the carrier's liability.
6. The Seller's liability towards the Business, regardless of its legal basis, is limited – both in the context of a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than £250 (two hundred fifty British pounds). The Seller is liable to the Business only for typical, foreseeable damages at the time of concluding the Sales Agreement and is not liable for lost profits.
7. All disputes arising between the Seller and the Business are subject to the court competent for the Seller's registered office.

10. TERMINATION AND COMPLAINTS REGARDING THE ELECTRONIC SERVICES AGREEMENT [NOT APPLICABLE TO THE SALES AGREEMENT]

1. Both the Customer and the Seller may terminate the Electronic Services Agreement at any time and without providing reasons, subject to preserving the rights acquired by the other party before the termination.
2. The Customer who used the Electronic Services terminates the Electronic Services Agreement by sending a declaration of will using any means of remote communication that enables the Seller to become familiar with the Customer's declaration of will (e.g., by deleting the Customer Account, withdrawing consent to the Newsletter).
3. The Seller is entitled to terminate the Electronic Services Agreement immediately if the Customer violates the Terms and Conditions and, despite being requested, does not cease the violations.
4. Complaints related to the provision of Electronic Services can be submitted, among others:
   1. In writing to: SOLLUX LIGHTING LTD, 85 Great Portland Street, First Floor, W1W 7LT London, VAT: GB371138117;
   2. Electronically via email to contact@sollux-lamps.co.uk;
   3. Via the Contact Form on the Service.
5. The Seller suggests including the following in the complaint description:
   • Details regarding the complaint, especially the type and date of the event being the basis for the complaint;
   • The Customer's request;
   • Customer's contact details for providing feedback.
6. The Seller will respond to the complaint within 14 days of its receipt.

11. OUT-OF-COURT COMPLAINT AND CLAIM RESOLUTION PROCEDURES AND ACCESS TO THESE PROCEDURES

1. After exhausting the means of internal conciliation between the Customer and the Seller and without prejudice to the Customer's right to court, the Customer (in the sense of a natural person within this term) in a dispute with the Seller may use out-of-court proceedings to resolve the dispute.

12. PERSONAL DATA

1. The administrator of personal data of the Customers of the Online Store https://sollux-lamps.co.uk/ is the company SOLLUX LIGHTING LTD, 85 Great Portland Street, First Floor, W1W 7LT London.
2. Detailed information regarding the protection of personal data implemented by the Administrator can be found in the Personal Data Processing Policy, which is attached to these Terms and Conditions and is available on the Service in the "Personal Data Processing Policy" tab.

13. FINAL PROVISIONS

1. The Customer is entitled to use the Content provided free of charge within the Service only within the scope of their personal use and only to use the Service correctly worldwide.
2. Contracts concluded via the Service are concluded in English.
3. The Seller reserves the right to amend these Terms and Conditions for valid reasons, in particular changes in applicable laws; changes in payment and delivery methods – insofar as these changes affect the implementation of these Terms and Conditions. The Seller will inform Customers about changes to the Terms and Conditions at least 14 days before the changes come into effect by posting the relevant information about the change on the Online Store website, as well as sending appropriate information about the change to the Customer's email address, who has concluded an electronic service agreement regarding Account management.
4. Changes to the Terms and Conditions will not in any way affect the rights of Customers who used the Online Store before the changes took effect, in particular, they will not affect Orders placed or fulfilled. Orders accepted for fulfillment are subject to the Terms and Conditions in effect at the time of placing the Order.
5. The Customer is entitled to refuse to accept the changes to the Terms and Conditions. Placing an Order after receiving information about the change to the Terms and Conditions indicates acceptance of its content.
6. The content of the Terms and Conditions and their archived versions can be stored by printing, saving on a medium, or downloading at any time from the Online Store's website.
7. In fulfilling our obligation regarding environmental protection and rational waste management, we indicate that the nearest selective collection points (DCF) can be found at www.recycle-more.co.uk.
8. By presenting Content, comments, and reviews on the Account or elsewhere in the Service, the Customer grants the Seller a non-exclusive, free license to use, store in the computer memory, modify, delete, supplement, publicly perform, publicly display, reproduce, and distribute, in particular on the internet, the Content and information, worldwide.
9. The Seller is entitled to independently or through third parties perform derivative rights concerning the development, adaptation, modification, and translation of Content, comments, and reviews as understood under the copyright law.
10. All rights to the Content posted in the Service or Newsletter by the Seller, rights to the name and trademark of the Service, rights to graphic elements, software rights, and database rights belong to the Seller and entities with which the Seller has concluded relevant agreements.
11. These Terms and Conditions are effective as of September 12, 2024.

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