Terms & Conditions of Online Sale

1. These terms

1.1  What these terms cover. These are the terms and conditions on which we supply products to you.

1.2  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.

1.3  Are you a consumer? You are a consumer if: (a) you are an individual; and (b) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). 

2. Information about us and how to contact us

2.1  Who we are. We are Lux Group Holdings Ltd (trading as “Smallbone”) a company registered in England and Wales with company number 11707773. Our registered office is at The Hopton Workshop, Hopton Road, Devizes, England, SN10 2EU.

2.2  How to contact us. You can contact us by telephoning our customer service team at 0203 370 8001 or by writing to us at shop@smallbone.co.uk or The Hopton Workshop, Hopton Road, Devizes, England, SN10 2EU.

2.3  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.

2.4  "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

3.1  How we will accept your order. You will receive an order notification when purchasing our products online however our acceptance of your order will take place on dispatch of the product to you, at which point a contract will come into existence between you and us.

 

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product and arrange a refund. 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 cannot deliver to your location or because we have identified an error in the price or description of the product.

 

3.3  Your order number. We will assign an order 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 number whenever you contact us about your order.

 

3.4  We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not deliver to addresses outside mainland UK. We do not deliver to Northern Ireland, the Channel Islands, the Isles of Scilly, the Isle of Man or the islands off the coast of Scotland.

 

4.1  Products may vary slightly from their pictures. The images of the products on our website and in any of our brochures are for illustrative purposes only. Although we have made every effort 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.

 

4.2  Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

 

4.3  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, your choice of delivery option (to kerbside, front door etc). We or our delivery partner will contact you 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 13.2 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.

 

 

5.1 Delivery costs and locations. The costs of delivery will be included in the price

of the products displayed on our website. You can add the option for our delivery partner to unpack the products and remove the waste at the cost indicated during the check-out process Currently, our products can only be delivered to addresses in the UK mainland only. We do not deliver to Northern Ireland, the Channel Islands, the Isles of Scilly, the Isle of Man or the islands off the coast of Scotland. If you are unsure of whether we will deliver to you, please contact us to check before placing your order.

5.2  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 deliver the products to you as soon as possible and usually within 7-14 business days of your order notification. You will be contacted by us or our delivery partner to arrange a delivery date and time that is convenient for you.

5.3  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control 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.

 

5.4  If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery. We have the right at our discretion to charge you our delivery costs of £175 - £350 plus VAT if you are not at home to take delivery of the product.

 

5.5  If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 13.2 will apply.

 

 

 

6.1  When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us.

 

6.2  When you own products if you are a consumer. If you are a consumer, you own products once we have received payment in full.

 

 

7.1  Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 7.3 for what happens if we discover an error in the price of the product you order.

 

7.2  We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

7.3  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 to you, 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 products provided to you.

 

7.4  When you must pay and how you must pay. We accept payment by debit or credit card. All payments will be taken via our third-party payment software provider, Shopify, in accordance with its terms and conditions, as part of the order process.

 

8.1  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)  deal with technical problems or make minor technical changes;
(b)  update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you (see clause 10).

8.2  Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 5 working days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

9. Your rights to make changes. 

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.

 

10. Our rights to make changes

10.1 Minor changes to the products. We may change the product: 

(a)  to reflect changes in relevant laws and regulatory requirements; and/or

(b)  to implement minor technical adjustments and improvements.
In the unlikely event that these changes have an impact on your use of our products you should contact us for an explanation of the reason for the change and to discuss the impact.

10.2 More significant changes to the products and these terms. In addition, we may make other changes to the product or these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

11. Your rights to end the contract

11.1  When you can end your contract with us. Your rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer: 

(a)  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 to get some or all of your money back), see clause 15;

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c)  If you are a consumer and have just changed your mind about the product, see clause 11.3. 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;
(d)  In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 11.4.

 

11.2  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 (e) 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: 

(a)  we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 10.2);

(b)  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;
(c)  there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 5 working days; or
(e)  you have a legal right to end the contract because of something we have done wrong.

11.3  Exercising your right to change your mind if you are a consumer. If you are a consumer then (other than as set out below) you have 14 days after the day you (or someone you nominate) receive the products to change your mind. If your products are split into several deliveries over different days, you have until 14 days after the day you receive the last delivery. If you cancel within this period, we will refund any money paid by you in respect of such products. See clause 12 below for details of how to obtain a refund.

11.4  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 11.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. 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.

12. How to end the contract with us

12.1  Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)  Phone or email. Call customer services on 0203 370 8001 or email us at returns@smallbone.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address;
(b)  By post. Simply write to us at The Hopton Workshop, Hopton Road, Devizes, England, SN10 2EU, including details of what you bought, when you ordered or received it and your name and address.

12.2  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 allow us to collect them from you. Please call customer services on 0203 370 8001 or email us at returns@smallbone.co.uk to arrange collection. If you are a consumer exercising your right to change your mind you must arrange for collection of the goods within 14 days of telling us you wish to end the contract. Please ensure that the goods are returned in original packaging with tags and labels intact (see our return FAQs for more details).

 

12.3  When we will pay the costs of return. We will pay the costs of return: 

(a)  if the products are faulty or mis-described; or

(b)  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.

 

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

12.4  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. We charge £175 - £350 plus VAT for collection of the products.

 

12.5  How we will refund you. If you are entitled to a refund under these terms 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.