Terms and conditions
1. Status of terms
1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a user or purchaser ("you") and those of Studio Answers Limited ("SAL", "we" or "us") in relation to the products and services offered by us through this site or any of the other sites owned by us (“the Web Site"). By using the Web Site, ordering products from us or registering for information you agree to the terms of this Agreement, and you re-affirm that agreement every time you use the Web Site or any of our services.
1.2 You agree to: provide true, accurate, current and complete information about you as prompted by our registration form (such information being the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SAL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SAL has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the SAL site (or any portion of it).
1.3 We reserve the right to: modify or withdraw, temporarily or permanently, this Web Site (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Web Site; and/or change the Agreement from time to time, and your continued use of the Web Site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement then you must immediately stop using the Web Site.
2. Place of performance and applicable law
2.1 LuxS is a trading name of Studio Answers Limited and is a company registered in England (Registered Number 09364666, VAT number 203723739). Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. SAL makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. This Agreement is governed by English law. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
2.2 For all orders for delivery outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man, all ownership, title and risk in goods will pass to you immediately at the point and time at which such goods are placed at your disposal at our premises in the UK. The prices payable for goods as set out on our Web Site are inclusive of UK VAT, but exclusive of local taxes, import duties and clearances. You acknowledge and agree that SAL has no liability to you in respect of any such taxes including VAT, duties or clearances which may become payable, after the goods have been placed at your disposal at our premises in the UK.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with SAL. This contains important information such as a description, price and delivery charges of the good or services ordered. We suggest that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 You place the order for your products on the Web Site by pressing the confirm order button at the end of the checkout process. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from SAL. As your product is shipped from our warehouse we will send you a despatch confirmation email. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered.
3.3 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Web Site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Web Site as up to date as possible, the information including product descriptions appearing on this Web Site at a particular time may not always reflect the position at the moment you place an order. In the event the products ordered are not as described, SAL will give you the right to reject the goods within a reasonable time period for a full refund.
3.4 In the unlikely event that an incorrect price is shown on the Web Site. SAL reserves the right to not fulfil the order at that price. In such a circumstance, you will be notified, and given the choice to proceed with the order at the correct price.
3.5 All prices shown are INCLUSIVE of VAT at the applicable rate. Should the applicable VAT rate change, SAL reserve the right to adjust retail prices accordingly. For items which are placed on back order, VAT will be charged at the applicable rate at time of dispatch.
3.6 You agree that we may use personal information provided by you in the course of placing your order to conduct any appropriate fraud checks. As part of these checks, personal information that you have provided may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
3.7 When placing an order on our website you agree to join our email marketing programme. If you wish to unsubscribe you may do so by clicking the unsubscribe link on any of our marketing emails.
3.8 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Web Site.
4. Returns and cancellation policy
4.1 Subject to the right of consumers to return goods for refund under the Sale of Goods Act 1979 and the Consumer Contracts Regulations 2013, SAL does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
4.2 SAL offers customers the opportunity to return goods up to 14 days after receipt (“the Returns Period"), subject to the terms and conditions in this returns policy.
4.3 You must prior to returning any goods received, contact our Customer Services Department on 01608 674984 or e-mail us stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to contact us in respect of a return or cancellation in line with one of the methods set out above will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to Studio Answers Ltd, Church View House, Hillside Farm, Great Wolford, Shipston on Stour, CV36 5NQ.
4.4 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to SAL at your own risk and cost, therefore we strongly recommend you use an insured delivery method, such as Royal Mail Special Delivery. For items which cannot ordinarily be returned by post, we will at your request use our reasonable endeavours to arrange a courier to collect the goods.
4.5 All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the Web Site.
4.6 Until such time as you return the goods to us you must take reasonable care of the item(s). Any use of or damage to the delivered goods or product packaging beyond that necessary to inspect the goods upon delivery may result in you incurring a restocking charge to cover the loss that we might reasonably expect to incur in reselling the item(s).
4.7 Subject to 4.6 above, if you exercise your right to cancel your order within 28 days (where the goods are not found to be faulty), we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
4.8 Faulty goods: You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within six months of delivery but after the first 28 days, we will offer a repair in the first instance. As an exception you may be offered an exchange or full / partial refund. After six months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found, return the product to you. In these circumstances, no refund will be processed until the returned goods have been received by us and an appraisal made as to any fault. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
5.1 Details of our delivery service are set out in the delivery section.
5.2 SAL shall not be liable for any losses, costs, damages, charges or any expenses caused by any delay in the delivery of goods.
6. Complaints handling procedure
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:
Studio Answers Limited, Church View House, Hillside Farm, Great Wolford, Shipston on Stour, CV36 5NQ, England
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
7.1 SAL shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Web Sites and specifically excludes all such liability.
7.2 Certain links in this Web Site (typically a banner advert or icon) will lead to other web sites, which are not under the control of SAL. When you activate any of these links you will leave the SAL site and SAL has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of SAL.
8. Limitation of liability
8.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Web Site, we make no warranties, whether express or implied in relation to its accuracy. The Web Site is provided on an "as is" basis without any representations made, and we make no warranties of any kind, whether express or implied, in relation to the Web Site, or any transaction that may be conducted on or through the Web Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
8.2 We make no warranty that the Web Site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Web Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Web Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Web Site.
8.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products offered for sale on the Web Site. This does not affect your statutory rights as a consumer.
8.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Agreement for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Agreement.
8.5 Nothing in the Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web Site shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
9.2 You acknowledge and agree that the material and content contained within the Web Site is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Web Site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to: disassemble, reverse engineer, decompile or in any other way interfere with the Software; copy or modify the Software; or create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
11. Other terms
11.1 Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Agreement by you or any other liabilities arising out of your use of the Web Sites, or the use by any other person accessing the Web Site using your shopping account and/or your personal information.
11.2 Severance: If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.
11.3 Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
11.4 Survival: Each provision of the Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
11.5 Entire agreement: This Agreement governs our relationship with you. Any changes to this Agreement must be in writing and signed by both parties. You confirm that, in agreeing to accept the Agreement, you have not relied on any representation save insofar as the same has expressly been made a term of this Agreement and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Agreement. In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
12. Online vouchers
Terms and conditions applicable to SAL online vouchers:
12.1 Only one promotional voucher is permitted per order.
12.2 Promotional voucher codes may only be redeemed on the Web Site toward the purchase or delivery of products. Voucher codes cannot be redeemed at our store or over the phone unless otherwise stated. See promotion specific terms and conditions for more details.
12.3 Please note that a minimum purchase may apply to voucher code promotions exclusive of postage and packing.
12.4 Promotional vouchers cannot be used retrospectively, i.e. applied to orders already placed with us.
12.5 This promotional voucher has a cash value of GBP 0.001 and is not transferable or assignable.
12.6 Certain products may be exempt from voucher code promotions, for instance money off voucher codes cannot be used against the purchase of SAL Gift Vouchers in all cases. See promotion specific terms and conditions for details.
12.7 SAL reserves the right to cancel / remove online voucher code promotions at any time.
12.8 Please note that voucher codes cannot be used in conjunction with any other voucher offer.
12.9 Voucher codes for free delivery only apply to the UK mainland.
13. Battery recycling scheme
Under the Waste Battery Regulations, SAL offers a take back scheme for all portable waste batteries. You can return your waste batteries to our business premises in person (PLEASE DO NOT POST) situated at Studio Answers Limited, Church View House, Hillside Farm, Great Wolford, Shipston on Stour, CV36 5NQ, England
Alternatively, you can find your local waste portable battery recycling facility at www.recyclenow.com
Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible.
19. Matters beyond our reasonable control
SAL shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.