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Terms and Conditions

1. Terms & Conditions

  1. What these terms cover. These are the terms and conditions on which we supply products and undertake work for you. They apply to all transactions entered into by Tom Kirk Lighting Limited and its customers.
  2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

  1. Who we are. Tom Kirk Lighting Limited is a company registered in England. Our company registration number is 6056967 and our registered office is at: Unit D012, Parkhall Trading Estate, 62 Tritton Road, London, SE21 8DE. UK. Our registered VAT number is GB 773 8837 73. Our ICO registration number is: ZA364026.
  2. How to contact us. You can contact us by telephoning our customer service team at +44 (0)208 766 6715 or by writing to us at sales@tomkirk.com or Tom Kirk Lighting Limited, Unit D012, Parkhall Trading Estate, 62 Tritton Road, London, SE21 8DE. UK.
  3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  4. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

  1. How we will accept your order. When you place an order, you are offering to buy the product(s) from us. Our acceptance of your order will take place when we receive your payment and we email you to accept it, at which point a contract will come into existence between you and us, and the production lead time begins. Until such payment is received, no parts will be ordered and no work will commence.
  2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  3. Your order number / invoice number. We will assign an order / invoice number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order / invoice number whenever you contact us about your order.

4. Our products

  1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to be as accurate as possible, and to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. As our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 3% tolerance.
  2. Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.

5. Your rights to make changes

  1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes

  1. Minor changes to the products and these terms. We may change the product and these terms:
    1. to reflect changes in relevant laws and regulatory requirements.
    2. to reflect availability or advancements in lighting technology.

7. Providing the products

  1. Delivery costs. The costs of delivery will be as displayed to you on our website or invoice to you. These are calculated based on your order and required delivery address and are therefore not included in any price lists.
  2. When we will provide the products. During the order process we will let you know when we will provide the products to you. We will begin production on the date we accept your order. The production lead time (from receipt of payment and order confirmation, to dispatch of goods) is as estimated during the order process. The delivery time is in addition to this production lead time and is dependent on both your order and the required delivery address. If for any reason, you will not be ready to receive goods within the estimated timeframe you must advise us as soon as possible, so that we can make the necessary arrangements. In some cases, storage fees may be applied.
  3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (such as courier network / customs delays) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. All delivery timings are estimated, as a guide, and may be subject to customs clearance.
  4. Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am – 5.30pm on weekdays (excluding public holidays), once we have confirmed your order is ready. Please advise us of your collection arrangements in advance.
  5. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier may leave you a note informing you of how to rearrange delivery or collect the products from a local depot, dependant on the order and delivery method.
  6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you storage costs and for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
  7. Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
    1. we have refused to deliver the products;
    2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
    3. you told us before we accepted your order that delivery within the delivery deadline was essential.
  8. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
  9. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.7 or clause 7.8, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0)208 766 6715 or email us at: sales@tomkirk.com for a return label or to arrange collection.
  10. When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us. All shortages or breakages must be notified to us in writing within 3 days of receipt of the goods.
  11. When you own goods. You own a product which is goods once we have received payment in full.
  12. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the total drop measurement (from ceiling to underside of glass), and the delivery address and contact information for person receiving the goods. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

8. Your rights to end the contract

  1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
    1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
    2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
    3. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
    4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
      If you would like to end your contract with us, for any reason, please do contact us in writing to inform us of your decision, and to allow us to advise how we should best proceed.
  2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
    1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1);
    2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
    3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
    4. you have a legal right to end the contract because of something we have done wrong [(including because we have delivered late (see clause 7.7)].
  3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
  4. When you don't have the right to change your mind. You do not have a right to change your mind in respect of the supply of goods that are made to your specification, i.e. bespoke items, including products with fixed length stems, which are created to your order. This includes, but is not limited to, items such as the Cintola Maxi Pendant, Disc Chandelier, Linear Chandelier, Flute Beam Chandelier and any other customised designs or special finishes.
  5. How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless your deliveries were split over different days, in which case you have until 14 days after you (or someone you nominate) receives the last delivery to change your mind about the goods.
  6. Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

9. How to end the contract with us (including if you have changed your mind)

  1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
    1. Phone or email. Call customer services on +44 (0)208 766 6715 or email us at sales@tomkirk.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
    2. By post. Print off the form at the end of this document and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.
  2. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +44 (0)208 766 6715 or email us at sales@tomkirk.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
  3. When we will pay the costs of return. We will pay the costs of return:
    1. if the products are faulty or misdescribed;
    2. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
      In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
  4. What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, as per your order.
  5. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
  6. Deductions from refunds. If you are exercising your right to change your mind:
    1. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
    2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer standard delivery of a product at one cost but you choose to have the product delivered on an express service at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
  7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
    1. If the products are goods that you have already received, and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, 14 days from the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
    2. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

  1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
    1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
    2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to carry out the order, for example, required total drop measurement, or delivery information;
    3. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
  2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11. If there is a problem with the product

  1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. All shortages or breakages must be notified to us in writing within 3 days of receipt of the goods. You can telephone our customer services team at +44 (0)208 766 6715 or write to us at sales@tomkirk.com or Tom Kirk Lighting Limited, Unit D012 Parkhall Trading Estate, 62 Tritton Road, London, SE21 8DE. UK.
  2. 2 Year Warranty - Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Tom Kirk Lighting Limited of Unit D012 Parkhall Trading Estate, 62 Tritton Road, London, SE21 8DE, UK to its customers, which is more generous than the legal rights under the UK Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.3):
    1. All supplied goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 2 years from the date of delivery. This warranty is based on safe installation, proper use and maintenance. It does not apply to any defect caused by the buyer or a third party in the installation or subsequent use of goods. The Company’s liability under this warranty is limited to the repair and replacement of defective goods.
    2. The warranty will only apply if the goods have been installed either by the Company or by fully qualified electrical professionals in full accordance with current regulations and installation instructions. Only the proper electrical supply voltage must have been used at all times.
    3. If the buyer’s complaint arises as a result of incorrect installation procedures or maintenance carried out by a third party, the Company will charge for any visit plus expenses and provide a quotation for replacement parts to correct the problem, where possible. Our Care & Maintenance guide is available on our website.
  3. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0)208 766 6715 or email us at sales@tomkirk.com for a return label or to arrange collection.
  4. Alternative Dispute Resolution. In line with the 2015 ADR regulations, if you have any problems with your order, please contact us by telephone on +44 (0)208 766 6715 or email: sales@tomkirk.com. Alternatively, if required, you can use the European Online Dispute Resolution platform, which is accessible here:https://ec.europa.eu/consumers/odr
  5. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights-

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a lighting product, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:-

- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if the goods do not last a reasonable length of time you may be entitled to some money back.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back

12. Price and payment

  1. Where to find the price for the product. The price of the product (which includes VAT or any other applicable local duties and taxes – if stated) will be the price indicated on the order pages, or invoice, when you place your order. Please note that we deal in our own currency, and therefore all prices are listed in GBP (£) and do not include any local duties and taxes, unless otherwise stated or requested. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
  2. We will pass on changes in the rate of VAT/Duties & Taxes. If the rate of VAT (or any other applicable duties and taxes) changes between your order date and the date we supply the product, we will adjust the rate of VAT (or any other applicable duties and taxes) that you pay, unless you have already paid for the product in full before the change in the rate takes effect.
  3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
  4. When you must pay and how you must pay. We accept payment via wire transfer or with Visa & Mastercard on our online shop. You must pay for goods, at point of order. In some instances, we may issue a 1st 50% deposit invoice, payment of which will confirm your order, and then a 2nd 50% balance invoice when we are near completion of your order. These invoices will be due for payment immediately, as per the invoice date. You must pay for the products in full before we dispatch them. Please ensure that the correct value in GBP (£) is received by us, taking into consideration any bank charges, exchange rates or transaction fees which may apply.
  5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Santander from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

13. Our responsibility for loss or damage suffered by you

  1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
  2. When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

14. How we may use your personal information

  1. How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy Policy, which can be found easily on our website.
  2. We will only give your personal information to third parties where the law either requires or allows us to do so. Our ICO registration number is: ZA364026.

15. Intellectual property rights

  1. We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  2. You may print off one copy and may download extracts of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
  3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
  5. You must not use any part of these materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  6. If you print off, copy or download any part of our site in breach of these terms, your right to use our website will cease immediately and you must at our option, return or destroy any copies of the materials you have made.

16. Other important terms

  1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
  2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by producing written evidence from the original owner, showing transfer of ownership and the benefits of the guarantee.
  3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
  4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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Cancellation Form

To: Tom Kirk Lighting Limited, Unit D012 Parkhall Trading Estate, 62 Tritton Road, London, SE21 8DE. UK.

Telephone no.: +44 (0)208 766 6715. Email: sales@tomkirk.com

I/We* hereby give notice that I/We* cancel my/our contract of sale of the following goods* / for the supply of the following service*,

Ordered on * / received on *,

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date:

[*] Delete as appropriate

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