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Terms & Conditions

Terms & Conditions of General Sale

CUSTOMISED DESIGN
A non-refundable deposit of £50.00 is required for a maximum of two design revisions.

ERRORS & OMISSIONS
Mayflower Lighting Ltd. shall have no liability for errors and omissions in the prices shown. We reserve the right to change prices, descriptions and the like without notice.

VAT
All prices and quotations are subject to VAT at the rate of ruling at the time of sale. All website prices are inclusive of VAT.

RESERVATION OF TITLE
Title to all goods remains with Mayflower Lighting Ltd. until the goods are paid for in full.

RETURNS
Returns are accepted back for credit only. Customised items cannot be returned, all customised items are agreed upon by way of design being agreed.

PAYMENTS OF GOODS & SERVICES
The following payments are accepted:
Credit / debit cards
Paypal
BACS / bank transfers

DAMAGED GOODS
All damaged items received must be reported within 24 hours, we will not be held responsible or provide refunds or replacements for any items reported after this time.
You will be required to use the contact details supplied to report damaged goods.

FAULTY GOODS
Any faulty item will be replaced with the same product or a full refund within 10 working days of the faulty item being received by us.

BESPOKE ITEMS
Refunds for cancellation of bespoke items are not provided unless they are deemed to be faulty. Materials ordered for the bespoke item will be sent or delivered to you or can be collected at an agreed time.

CANCELLATIONS OF ORDERS
Cancellations of orders must be given in writing by letter or email only. Orders will be cancelled only once confirmation of the cancellation has been received and confirmed with the purchaser.

COPYRIGHT
The content of this website and all images must not be used without prior permission of Mayflower Lighting Ltd. All copyrighted materials are held at Copyright House.

DELIVERY
All items are produced within 14 days of order and delivered via courier on a 48-hour service. Confirmation of tracking number/s are issued at the time of shipping. During high-demand periods and on high-demand products delivery times may be extended.

Additional Terms for Application for our business customers

 

SUPPLY OF GOODS AGREEMENT / TERMS AND CONDITIONS

 

 

AGREEMENT BETWEEN:

 

  1. Mayflower Lighting Limited, a company incorporated and registered in England and Wales with company number 10651146 whose registered office is at 20 Jubilee End, Lawford, Manningtree, Essex, CO11 1UR (the “Supplier”).
  2. The company making this application who is incorporated and registered in England and Wales with company number supplied on the online web application form whose registered office is as per information supplied in the application form (the “Customer”).

AGREED TERMS

  1. Interpretation

The following definitions and rules of interpretation in this clause apply in this agreement.

  1. 1 Definitions:

“Business Day”

a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

“Commencement Date”

the date of this agreement.

“Confidential Information”

any information of a confidential nature concerning the business, affairs, customers, clients or suppliers of the other party or of any member of its Group, including but not limited to information relating to a party’s operations, processes, plans, product information, know-how, designs, trade secrets, software, market opportunities and customers.

“Delivery”

completion of delivery of Products specified in an Order in accordance with clause 5.

“Force Majeure Event”

events, circumstances or causes beyond a party’s reasonable control.

“month”

a calendar month.

“Order”

an order for Products submitted by the Customer in accordance with clause 3.

“Order Number”

the reference number to be applied to an Order by the Supplier in accordance with clause 3.4.

“Products”

the products set out in Schedule 1 and, where the context requires, the Products ordered by and supplied to the Customer.

“Product Prices”

the prices of the Products as determined in accordance with clause 6.1 and Product Price: means the price of an individual Product as determined in accordance with that clause.

“Substitute Products”

means products or items of an identical or similar nature to the Products involving a range of colour option.

“Term”

the term of the agreement, as determined in accordance with clause 2.

“VAT”

value added tax chargeable in the UK.
  • 1.2. a reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  • 1.3. any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • 1.4. a reference to writing or written includes emails
  1. Supply of products
    • 2.1. Up on acceptance of application this agreement shall begin on the Commencement Date of application success and shall continue, unless terminated earlier in accordance with clause 8, until the third anniversary of the Commencement Date, when it shall terminate automatically without notice (Term).
    • 2.2. During the Term, the Customer shall not order, purchase or otherwise procure any Substitute Products.
    • 2.3. If during the Term the Customer purchases any Substitute Products, the Customer shall pay the Supplier, as liquidated damages, £24,000.
  2. Orders
    • 3.1. Orders shall be given in writing using e-mail. The Supplier may accept or decline Orders at its absolute discretion. The Supplier may, at its discretion, accept an amendment to an Order by the Customer.
    • 3.2. The Supplier shall assign an Order Number to each Order it accepts and notify the Order Number to the Customer. Each party shall use the relevant Order Number in all subsequent correspondence relating to the Order.
    • 3.3. The Customer is responsible for ensuring that Orders and any applicable specification submitted by the Customer are complete and accurate. The Customer shall give the Supplier all necessary information relating to the Goods that the Supplier reasonably requires in order to fulfil each Order.
  3. The Goods

Any samples, drawings, descriptive matter, or advertising produced by the Supplier and any illustrations contained in the Supplier’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.

  1. Delivery

Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

  1. Product prices
    • 6.1. The Product Prices for the period from the Commencement Date to 31 December 2019 shall be the prices set out in Schedule 1 for builders and developers of construction projects and not for resale via a retail or wholesale outlet and Schedule 2 for retail and wholesale customers, both Schedule 1 and Schedule 2 price list are available for consideration by you prior to making this application, please email mayflowerlightingsales@gmail.com for the required price list. The Product Prices for subsequent years shall be revised at the Supplier’s discretion.
    • 6.2. The Product Prices are exclusive of amounts in respect of VAT. The Customer shall, on receipt of a valid VAT invoice from the Supplier, pay to the Supplier any additional amounts in respect of VAT as are chargeable on a supply of Products.
    • 6.3. The Product Prices are exclusive of the costs of packaging, insurance and carriage of the Products, which shall be paid by the Customer.
    • 6.4. If increases in the costs of raw materials or in the Consumer Prices Index exceed 3% over any consecutive three-month period, the Supplier shall have the right to adjust the Product Prices to reflect that increase. The Supplier shall give the Customer not less than one month’s prior notice in writing of the proposed changes.
  2. Terms of payment

The Goods must be paid for before they are dispatched.

  1. Termination and suspension
    • 8.1. Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
      • 8.1.1. the other party repeatedly breaches any of the terms of this agreement in such a manner to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;
      • 8.1.2. the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business; or
      • 8.1.3. the other party ceases, or threatens to cease, to carry on all or substantially the whole of its business.
    • 8.2. Without limiting its other rights or remedies, the Supplier may suspend provision of the Goods under the agreement or any other contract between the Customer and the Supplier if the Customer becomes subject to any of the events listed in clause 1.3, or the Supplier reasonably believes that the Customer is about to become subject to any of them, or if the Customer fails to pay any amount due under this agreement on the due date for payment.
    • 8.3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
    • 8.4. On termination of this agreement, each party shall promptly:
      • 8.4.1. return to the other party all equipment, materials and property belonging to the other party that the other party had supplied to it or a member of its Group in connection with the supply and purchase of the Products under this agreement; and
      • 8.4.2. return to the other party all documents and materials (and any copies) containing the other party’s Confidential Information;
      • 8.4.3. The value of the display boards supplied to customers is £1000, this will be payable if such display board is not returned or is un serviceable, minor cosmetic defects are acceptable.
  1. General
    • 9.1. Entire agreement.
      • 9.1.1. This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
      • 9.1.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
    • 9.2. No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
    • 9.3. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
      • 9.4 Notices.
      • 9.4.1. Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or email.
      • 9.4.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 14.8.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by or email, one Business Day after transmission.
      • 9.4.3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
    • 9.5. Third party rights. No one other than a party to this Contract and their permitted assignees shall have any right to enforce any of its terms.
    • 9.6. Governing law. This Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.