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Terms and Conditions

 

 

Please note: As all the GOODS ARE MADE BESPOKE TO YOUR SPECIFICATIONS, SOME OF YOUR RIGHTS UNDER STANDARD UK LAWS (DISTANCE SELLING ACT and SALE OF GOODS ACT etc) DO NOT APPLY. Please read the following and the Returns Policy carefully before entering into a binding contract.

This is the user agreement that governs your use of this website and the provision of the services we provide you the customer (you). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these website terms at any time without further notice. If we do this, we will post the changes to these website terms on this page. Your continued use of the website constitutes your acceptance of all the website terms. It is your responsibility to regularly check the website to determine if there have been changes to these website terms and to review such changes. Please take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use ([the] User) of our website (see also Privacy Policy) and the products and services we provide you.

1. Specific terms relating to the Purchase of a product, Payment of, Purchase Price and Ownership of Goods

Once the User sends payment in for an Order, Oberoi will commence sales order fulfilment. It does not signify an automatic order acceptance and Oberoi will not be obliged to accept an order by default furthermore Oberoi reserve the right to refuse or cancel an order at any time.

Ownership of goods

Sole ownership of a product remains to full property of Oberoi Brothers and ownership will only pass over to the User once full payment has been collected in cleared funds and completion of the contract (see Your Order Contract With US) between you and Oberoi Brothers will take place on the despatch of the products ordered by you, unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in the Returns policy.

Non-acceptance of an order may be a result of one of the following: * The product you ordered being no longer available to order * Our inability to obtain authorisation for your payment * The identification of a pricing or product description error * You not meeting the eligibility to order criteria set out in the Terms & Conditions

If there are any problems with your order, you will be contacted by our Customer Services Representatives. We reserve the right to reject any offer to purchase by you at any time. 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 Website. Please do note that at the point of checkout confirmation you are directed to a secure transaction section – a relationship between yourself and our bank only – and at no time are OBEROI BROTHERS able to access any of your payment details. Please see the section below entitled “Data Protection Security & Privacy”.

Payment on Point of Purchase – 100% Payment

As our products are generally made to order Oberoi Brothers will take full payment to commence the order. Our supplier/s will then receive instruction to manufacture the goods to your specification*Note: As the GOODS ARE MADE BESPOKE TO YOUR SPECIFICATIONS, SOME OF YOUR RIGHTS UNDER STANDARD UK LAWS (DISTANCE SELLING ACT and SALE OF GOODS ACT etc) DO NOT APPLY. This is specifically relevant to cancellations, refunds and returns. It is strongly advised that you fully understand the full cancellation or refunds & returns policies before agreeing to the sites terms and conditions.

Your Order Contract with us

By sending payment it will mean that you automatically wish to enter into a contract with Oberoi Brothers under all the terms and conditions including returns, cancellations and refunds policies as stated on this website. The contract will commence with Oberoi Brothers when your payment is made, unless Oberoi Brothers declares at any time, by any communication method within the contract period, that the order has NOT been accepted (See point 1 “Specific terms relating to the Purchase of a product, Payment of, Purchase Price and Ownership of Goods”). In which case Oberoi Brothers will refund any amount owing to you.

If Oberoi Brothers accepts payment and does not inform the Customer of non-acceptance, a conditional sale will be underway. Oberoi Brothers will be obliged to fulfil the manufacture of the goods as per your order and the Customer is agreeing at initial entry into the contract that they will be obliged to pay any outstanding balance charges when the relevant time occurs as outlined in the order agreement including delivery (sometimes stated as ‘carriage’ or ‘shipping’) charges where it is applicable and stated. Please note Oberoi Brothers takes care to provide accurate information with regard to manufacturers lead time and delivery and will endeavour to do all it can to meet the estimated times. However it will not be held in breach of contract or responsible for any liability or losses if the estimated deadline is not met.

The goods will remain the property of Oberoi Brothers until all outstanding payment parts (including where applicable, delivery charges) are settled in full.

Your order and delivery

Once the goods are a few days from completion and due to be despatched from country of origin or from Oberoi Brothers warehouse, Oberoi Brothers will contact you for any remaining balance including delivery charge where applicable. In most cases a delivery date will be advised at this point. Please read our Delivery FAQ’s for a detailed description. 

IMPORTANT shipping cost balance discrepancy possibilities, please note:

Due in part or on occasion to the length of time between order placement and delivery of goods the initial calculation for the delivery cost may differ from the previous cost presented on the order at point of balance collection. In general our third party manufacturers and their relevant shipping companies try to secure a fixed price before manufacture and the fulfilment chain will endeavour to maintain the prices quoted, however we cannot be held responsible, accountable or liable for any variations in subsequent cost fluctuations. In nearly all instances we will stand by your original invoice, but in extreme circumstances if the original value was not able to be fixed and the fluctuations are more than 5% greater we may ask for a further contribution to fulfil the order contract.

 

Value Added Tax (VAT)

All prices are including VAT.  All VAT prices shown are UK figures. UK current rate is 20%. We will endeavour to react to changes in this directive by UK Treasury by responding within a timely manner of official notification. However, we will not be held accountable or liable in anyway if this target is not achieved. VAT is calculated at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered inclusive of VAT.

If it so happens that during the course of an order duration (contract period) the VAT value should fluctuate (increase or decrease). The contract will continue using the rates as initially understood at contract start point.

Refusal of Transaction

We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion including but not limited to incorrect information including pricing. We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under English law you must: * Register by providing at least: your real name, phone number, e-mail address, payment details and other mandatory requested information * Be over 18 years of age * Stipulate a delivery address (ideally but not necessarily) in the United Kingdom, Channel Islands, or Ireland. Please note that PO box numbers and accommodation addresses are not acceptable. And Oberoi reserves the right to insist on a suitable delivery site to accommodate the delivery vehicle. Please see Delivery FAQs, with particular note to the clause “• IMPORTANT: Do you have full access to install/deliver?” * Possess a valid credit or debit card issued by a bank acceptable to us… * Or the use of Purchase Order numbers and bank transfers if accepted as a suitable business by Oberoi's accountant representatives.

Discontinued Products

From time-to-time our manufacturers discontinue ranges of products. If the User places an order for a product which is then found to be discontinued the user will be contacted by an Oberoi representative at Oberoi's earliest convenience and they will be advised of alternatives or offered a full refund. Oberoi will not be liable for any compensation in any way greater than a refund for the total sum paid by the user at the time of purchase.

Collection/Delivery

We strongly advise that you read the Delivery FAQ’s for full details before agreeing to this sites terms and conditions.

Cancellations, Refunds & Returns: Unsuitable Items

Please note there are several important points regarding your commitment that we strongly advise you read within the Returns Policy in full before Oberoi Brothers take payment for any goods. Payment taken will automatically enter you into a contract with Oberoi Brothers under all the terms and conditions including the Returns Policy as stated on this website.

Data Protection, Security & Privacy

Oberoi is seriously committed to protecting your privacy and maintaining the security of any personal information received from you especially with regard to payment. We strictly adhere to the requirements of the data protection legislation in the UK and have chosen to take the payment path away from our site for piece of mind and directly engage you with our trusted third party on the Worldpay payment gateway for their recognised strength in this area.

All payment transactions are securely handled by Worldpay's system and at no time is our technology or staff privy to any full payment details that would deem a risk to the financial security of the User’s payment details.

By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number (though as previously stated not full details that would deem a financial security risk) or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

We reserve the right to keep all customer details (with the notable exception of full payment details – see above) on Oberoi's ordering system and a digital and/or paper copy of your details at our Head Office until such a time we deem it suitable to destroy them. We will take all reasonable steps to ensure all information remains confidential within the eyes of the law.

The purpose of this statement is to explain to you what personal information we collect and how we may use it.

1. When you order, we need to know your name, address, email address and card details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process. IMPORTANT: THROUGH THE ONLINE PURCHASE PROCESS AT NO TIME DO OBEROI HOLD OR SEE YOUR PAYMENT CARD DETAILS.

2. AT NO TIME IS OBEROI ABLE TO VIEW YOUR PASSWORD. You are sent an automated email when you sign up the contents of which no OBEROI employee or person associated with the design or hosting of the website are able to view. Subsequently OBEROI can enter a new password on your behalf if you instruct which will immediately be obscured from visibility as it is entered and going forward. Alternatively the User has the option to then change the password within My Account section.

3. We use your personal information to notify you of your purchase and to send you updates of your products and/or requested services. We will only contact you with your consent and an opt out option will be provided.

4. We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.

5. We follow strict security procedures in the storage and disclosure of information that you have given us, to prevent unauthorised access in accordance with the UK data protection legislation. We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by logging into your account or by emailing sales@oberoi-brothers.co.uk.

6. We use a technology called “cookies” as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.

7. In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose.

If you have any questions about privacy please contact us at sales@oberoi-brothers.co.uk.

Product Options and Descriptions Including Lead times

LEAD TIMES Generally our lead times are conservative estimates given by the relevant manufacturer. However, as examples: due to popular demand, peak season, or configuration changes including non-standard finishes it is possible that the lead times may require extending and it is suggested that upon order completion you call or email our Sales team to give a more accurate reflection. In some cases it is possible that our conservative estimates mean that we would be in a position to deliver earlier than predicted.

DESCRIPTIONS Each product purchased is sold subject to its Product Description. Please be aware that many items are available in a range of finish configurations e.g. sizes and materials used. If a user does not deliberately adjust these options via the selection boxes (drop down lists) the default configuration is automatically selected when adding to the basket. The user has chance to review this selection as the detail description appears in the final Confirmation screen before committing to purchase. It is the full responsibility of the user to ensure that the configuration in the order placed is the correct and desired options before completing the purchase process and the user will be held liable for any outstanding payments from hence for the manufacture and delivery of the product in the configuration ordered.

IMAGES Please do not rely entirely on the product images to reflect the default configuration description. From time to time OBEROI may choose to use images which we believe to be more desirable alternatives for certain products than the accurate reflection of the finishes and measurements shown. If Oberoi believes the user has reasonable grounds to claim that a website technical error occurred during the selection and purchase then reserves the right to request all monies owed be settled whilst Oberoi’s technical team investigate and may or may not be refunded in part or whole subject to Oberoi's conclusion. As an effort to eradicate such occurrences the User should notice that if the initial main image for the product does not reflect the default values we will endeavour to bring it to the users attention within the product description so as not to deliberately misguide.

PLEASE NOTE: Oberoi takes all reasonable care to ensure that all details, including but not limited to: lead times, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information, including Product Descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order. Particular attention is drawn to the fact that many of the items for sale on the site are manufactured by non-UK based companies and therefore minor English translation mistakes may occur in the presentation details and particularly descriptions of some products. We endeavour to ensure that all issues are resolved before they are live on the site, however we kindly ask you to tolerate minor instances of errors and help report perceived mistakes to our editor by emailing their whereabouts to sales@oberoi-brothers.co.uk. With regard to lead times Oberoi Brothers will not be held liable for any damages, losses or in breach of contract of sale if the lead time is not accurately reflected for any reason.

Lighting measurements

The dimensions given are written for your guidance. Before ordering, please ensure that there is adequate room to take the light through any doorways and windows, taking note of any restricted passageways, stairs and awkward turns. Great care has been taken to ensure dimensions are accurate for each product however Oberoi cannot be held liable for any inaccuracies. If you do come across something that you know to be incorrect we would love to have to the opportunity to put it right. Please email sales@oberoi-brothers.co.uk mentioning the product number and the issue.

PLEASE NOTE: Bulbs are not included with products unless otherwise stated.

Colours, Finishes

With best endeavours it is Oberoi's intention to supply accurate visual representations of colours e.g finishes and crystal types, as true to the finished product as possible. However, due to vast differences in end user display monitors it is almost impossible to guarantee consistent reproduction. This is further exacerbated when trying to compare using printing because of an even greater range of inconsistencies with regard to desktop printers. Great care has been taken to display original state images from manufacturers where they have been supplied, although in cases where this is not possible we go to great lengths to ensure that the images have been adjusted by experienced staff with high-end monitors and equipment to obtain as true a likeness as possible. Oberoi cannot guarantee that any colour or finish shown on the website will accurately represent the finished article. 

Repeat order finish variation

Whilst every effort will be made at time of purchase to colour match items (where more than one item in a range is ordered) we cannot be held responsible or guarantee there will not be minor variations in finish and colour.

Leather

Leather is a natural product and each hide will have its own individual characteristics and natural marks. Differences in the grain, texture and colour may be apparent from one hide to another and even within the same hide.  Our manufacturers select only hides of the highest quality but some marking is inevitable and should be accepted as part of the individual appearance of leather.

In addition some products which are produced in natural finishes such as LEATHER are susceptible to unique characteristics such as knots, grain, minor colour differences, repaired scars etc. These are not deemed inherently as Faults but should be embraced as signs of a true natural product.

 

Content Inaccuracies

Oberoi uses sophisticated technology in both running its website and in presenting the products and all other information. Very occasionally there may be times when errors occur, for example when a price, product, service or other detail displayed or presented on the website is incorrect. In this case we reserve the right to cancel (or agree an amendment with you in respect of) any contract if it has been entered into and it contains this mistake. This, of course, will be without any liability to you.

Warehousing service – purchased goods

If Oberoi receive (and subsequently confirm) verbal or written instruction, we will be happy to store any or all of your Oberoi purchases safely and securely in our warehousing until you are ready to receive them.

Costs: The first 6 weeks storage is FREE OF CHARGE. Thereafter we will charge a fee of GBP £6 per meter squared per week. We reserve the right to review and change these figures on a monthly basis. Please be aware that prices may increase during the term of your storage. We may also choose to store your items at one of our third party warehouse specialists within the UK.

Commencement - We will start your free 6 weeks from the day your goods arrive at our storage destination. 

Installation

A qualified electrician must install all products supplied. All products must be earthed where necessary. The mains supply must always be isolated prior to installation. N.B. incorrect installation can deem the warranty void.  Installation accessories such as screws and raw plugs etc. are not supplied. Liability will not be accepted for any personal damages such as electrocution due to improper installation. Your statutory rights are not affected. Warranty: All products with the exception of lamps (light bulbs) carry a 1 year return to base warranty.

In the event of a fault occurring the product will be repaired or replaced according to the nature of the fault. The warranty applies to electrical components only and is void if deemed that the fitting has been incorrectly fitted or suffered abuse in a manner not intended for the purpose supplied.

 

2. Specific terms relating to the community

Whenever you make use of a feature that allows you to upload material and/ or add content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our Acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty. Any material and/or add content you upload or to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

Specifically by posting user content to any part of the site including textual reviews or voting, you automatically grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sub licence) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorise sublicenses of the foregoing. You acknowledge that we may retain archived copies of your user content.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website. We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in our Acceptable use policy.

* If you choose, or you are provided with, a user identification name/code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user account, identification name/code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. When using our website, you must comply with the provisions of our Acceptable use policy. * It is important that all the information you give us when you register or otherwise when you use the website is correct. This includes, without limit, ensuring that we have your correct contact (including e-mail) details at all times. * We treat the security and method of processing your personal data very seriously.

We will process your personal data solely in accordance with our Privacy Policy.

3. Acceptable Use Policy (General Terms relating to website use)

The following terms apply to your general use of our website :

* Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them. We grant access on a per user, per account details basis. It is not acceptable to pass on your access details for any person other than yourself at any time. Please ensure other members of your company/family have their own accounts.

* We are the owner or the licensee of all intellectual property rights in our website, and, save for our users content (where we are licensee See Specific Terms relating to the Community), in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.

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. Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged. You must not use any part of the materials on our website for commercial purposes (including promotional press) without obtaining a licence to do so from our licensors or the express written permission by a senior employee of the company. If you print off, copy or download any part of our website in breach of these terms of use, 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. * Commentary and other materials posted on our website are not intended to amount to definitive advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.

* We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

* The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

i) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. ii) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. iii) This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

* You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

* You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable use policy. If you wish to make any use of material on our website other than that set out above, please address your request to sales@oberoi-brothers.co.uk.

* Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

* The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, these terms or to a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

 

Copyright Notice

Note: the trade names and logos of Oberoi Brothers and branding of Oberoi Brothers must not be used or reproduced without the strict permission of the owner. 

All content in whatever format found on Oberoi Brothers Lighting web site is copyright of its respective owner(s) and legal action may be taken if any person(s) or business is found using the content found on Oberoi Brothers Lighting web site without permission in advance. In addition to the above copyright notice any person/persons or businesses wishing to use hyperlinks or links in any other format to link www.oberoi-brothers.co.uk must first obtain permission in writing and legal action may be taken if deemed necessary by Oberoi Brothers Lighting if permission was not obtained in advance or if permission was denied. Oberoi Brothers Lighting Limited reserves the right to alter or amend the specifications and/or prices of the products offered for sale or withdraw them completely without prior notice. All measurements shown are approximate and all prices are shown inclusive of UK VAT at 20%. Please do not hesitate to contact our customer services dept. should you require further assistance. Oberoi Brothers Lighting Ltd. Humbleton Drive Mackworth Estate Derby DE22 4AU UK Tel: 01332 341027 Fax: 01332 293863 Email: sales@oberoi-brothers.co.uk Company Reg. No. 03726354 England Vat Reg. No. GB 125 9582 49