Web Site User Agreement, Terms and Conditions of Sale and Privacy Policy
Welcome to our website. Please read this document carefully before accessing or
using the site. If you continue to browse and use this website you are agreeing
to comply with and be bound by the following terms and conditions of use, which
together with our privacy policy govern The LAMP Company's relationship with you
in relation to this website.
If you do not wish to be bound by these terms and conditions, you may not access
or use the site and should immediately cease such use.
THE LAMP COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
The term "The Lamp Company Ltd" or "The Lamp Company" or "us" or "we" refers to
the owner of the website whose registered office is Connaught House, Alexandra Terrace,
Guildford, Surrey, GU1 3DA. The term "you" refers to the user or viewer of our website.
This Agreement sets forth the terms and conditions that govern your access and use
of The Lamp Company Web Site.
1. Copyright, Licences and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents
of the Site. The owners of the intellectual property, copyrights and trademarks
are The Lamp Company's, its affiliates and subsidiaries or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Subject to more specific terms on individual Lamp Company web sites, you may print
and download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to The Lamp
Company a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license,
with the right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to The Lamp Company by all means and in any
media now known or hereafter developed. You also grant to The Lamp Company the right
to use your name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against The Lamp Company
for any alleged or actual infringement or misappropriation of any proprietary right
in your communications to The Lamp Company.
If you believe that content appearing on the Site constitutes copyright infringement
of another party's rights, please contact us.
2. Trademarks.
Any names of The Lamp Company, or its Web sites, trade shows, publications, products,
content or services referenced herein or on the Site are the exclusive trademarks
or service marks of The Lamp Company, including the "look" and "feel" of the Site,
The Lamp Company's color combinations, layout, and all other graphical elements.
Any use of The Lamp Company's trademarks is strictly prohibited without express
permission from The Lamp Company. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified
as being supplied by The Lamp Company, The Lamp Company does not operate, control
or endorse any information, products or services on the Internet in any way. Except
for The Lamp Company's identified information, products or services, all information,
products and services offered through the Site or on the Internet generally are
offered by third parties that are not affiliated with The Lamp Company. You also
understand that The Lamp Company cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
The Lamp Company offers a search feature within the Site. The Lamp Company explicitly
disclaims any responsibility for the content or availability of information contained
in our search index or directory. The Lamp Company also disclaims any responsibility
for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content
("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade
another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a Lamp Company
official, forum leader, guide or host or falsely state or otherwise misrepresent
your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships (such
as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or
labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of all
caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail",
"spam," "chain letters," "pyramid schemes" or any other form of solicitation or
any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational
technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any party for any Lamp Company product or service if
you are not expressly authorized by such party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
The Lamp Company PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT
MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND The Lamp Company SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. The Lamp Company HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL The Lamp Company BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF The Lamp Company OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, The Lamp Company's LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
4. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer hardware
and other equipment needed for access to and use of the Site and all charges related
thereto.
5. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless The Lamp Company, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Site from and against all losses, expenses, damages and costs,
including attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or your use and access of the Site.
The Lamp Company reserves the right to release current or past member or Web site
user information if The Lamp Company believes that a member's account is being used
to commit unlawful acts, if the information is subpoenaed and/or if The Lamp Company
deems it necessary and/or appropriate.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for
the benefit of The Lamp Company and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Site. Each
of these individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
7. Termination.
Either party without notice may terminate this Agreement at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use
of the Site), 5 (Indemnification), 6 (Third Party Rights) and 13 (Miscellaneous)
shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local
rules including, without limitation, rules about the Internet, data, e-mail, or
privacy. Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United Kingdom or the country in
which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found
on or through the Site, regarding the payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such third party. You agree that The Lamp Company
shall not be responsible or liable for any loss, damage or other matters of any
sort incurred as the result of any such dealings.
10. Links.
The Site may provide, or third parties may provide, links to non-Lamp Company Internet
World Wide Web sites or resources. Because The Lamp Company has no control over
such sites and resources, you acknowledge and agree that The Lamp Company is not
responsible for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources. You further acknowledge
and agree that The Lamp Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services available on or through
any such site or resource.
11. Conditions of sale.
a. GENERAL. - All orders are accepted and executed on the understanding that the
purchaser is bound by these general conditions of sale.
b. VALIDITY OF QUOTATION. - The Company reserves the right to refuse the Purchaser's
acceptance of a "Saved Basket" or quotation unless such quotation is stated to be
open for a specific period and is not withdrawn in such period. Validity of all
quotations or "saved baskets" is 30 days unless otherwise stated in a quotation.
c. PRICES. - Unless otherwise agreed in writing all orders are executed subject
to prices and any relevant discounts ruling at the date of despatch and any price
list of the company is only valid for a period of 30 days unless otherwise agreed.
d. PAYMENT. - Goods shall not be despatched until payment has been received by The
Lamp Company Ltd, unless otherwise agreed in writing prior to purchase. Customers
who set up a credit account facility are requested to pay in full within 30days.
Failure to comply with this condition entitles The Lamp Company LTD to charge interest
on unpaid purchase money at Lloyds TSB Bank plc base rate in force at the date upon
which the payment was due or 12.5% whichever is the higher.
e. CREDIT. - Any credit or customer account facility shall be subject to the company
being satisfied as to the Purchasers credit references.
f. CARRIAGE. - Unless otherwise specified by the purchaser, standard UK delivery
will be by first class mail to the purchaser within the United Kingdom. Overnight
and other special delivery methods will be charged at cost to the purchaser. Delivery
to destinations outside of the UK will charged at cost.
g. LOSS OR DAMAGE IN TRANSIT. - When the price quoted includes delivery, The Lamp
Company shall replace free of charge goods damaged in transit or not delivered in
accordance with the delivery note provided that the company is given notification
within 24 hours of receipt of the goods.
h. SAMPLES. - Any samples submitted by the company must be returned within 90 days
of receipt or will be charged for.
i. DELIVERY. - Any time or date for delivery named by the company is an estimate
only, and whilst the company will make every endeavour to meet such delivery time
or date, the company shall not be liable for any delay no matter how arising.
j. WARRANTIES. - The company gives no warranties as to the life or wear of the goods
supplied, nor that they will suitable for any particular purpose or use under any
specific conditions, whether or not that purpose or those conditions are known to
the company.
k. DEFECTIVE GOODS. - Except as stated below, the company shall have no liability
for or in respect of goods which the customer claims to be defective in materials
or workmanship except in respect of death or personal injury arising indirectly
from those defects. If the customer returns goods to the company on the grounds
that they are defective and the company agrees that they are defective goods the
company will either replace them, refund the purchase price or issue a credit note
in full. All items claimed defective must be returned to the company at the customer's
cost within 30 days.
l. SPECIAL ORDERS. - All orders for items not stocked by the company are considered
to be "Special Types" and cannot be returned for credit to the company unless agreed
in writing.
m. RETURN OF GOODS. - In no circumstances may goods supplied against a firm order
be returned without the Purchaser having first applied for and obtained permission
from the company. A returns identification code will be issued to the purchaser.
Goods must be returned within 7 working days of date of receipt. A handling charge
may be deducted from any credit allowed where it was established that the reason
for return is different to clause g or k hereof.
n. REJECTION. - Unless otherwise agreed in writing goods rejected by the purchaser
as not complying with the firm order must be rejected within 7 working days of delivery.
o. STORAGE. - If the company does not receive forwarding instructions sufficient
to enable it to despatch within 14 days after notification that the goods are ready
for delivery the purchaser shall take delivery or arrange storage. If the purchaser
does not so take delivery or arrange storage, the company shall be entitled to invoice
and be paid for the goods as though the goods had been duly delivered. The company
then reserves the right to charge the purchaser for storage, for insurance or for
the demurrage charges that the company may incur.
p. DESCRIPTION MATTER AND ILLUSTRATIONS. - All forwarding specifications, Drawings
and particulars Weights and Dimensions issued by the company are approximate only,
and are intended only to represent a general idea of the goods to which they refer
and shall not form part of the contract.
q. VARIATIONS. - In the event of variations or suspension of work by the purchaser's
instructions, the contract price shall be adjusted to reflect the cost involved.
Where the price per unit has been quoted and the purchaser requires a smaller number
of units to be delivered then those quoted for, the company reserves the right to
adjust the rate of prices applicable thereto.
r. BANKRUPTCY. - In the event the purchaser committing any breach of this contract,
or if any distress or execution is levied upon the goods of the purchaser or if
he offers to make any arrangement with or for the benefit of his creditors, or commits
any act of bankruptcy or (being a limited company) has a receiver appointed of its
undertaking or assets or any part thereof, or (save for the purpose of reconstruction
or amalgamation without insolvency) goes into liquidation, the company shall thereupon
be entitled without prejudice to their other rights, forthwith to suspend all further
deliveries until the default has been made good.
s. COPYRIGHT. - All drawings, descriptions and other information submitted by the
company shall remain the property of the company together with the copyright therein.
t. GOVERNING LAW. - These general conditions of sale shall be governed and construed
in accordance with the laws of England.
u. ARBITRATION. - Any dispute arising between the parties as to the interpretation
or implementation of these general conditions of sale shall be determined in London
by a single arbitrator to the provisions of the Arbitration Acts of 1950 and 1979
or any statutory modification or re-enactment thereof.
12. Privacy policy
When you visit The Lamp Company's website, our server logs your computer's IP address,
the time, the date, and the operating system and browser you're using. We review
this information to draw general conclusions about our visitors.
Our only source of personal information about you is what you supply when you actively
contact us. Depending on which form you submit, you may supply your name, company,
mailing address, telephone number and email address. We retain this information
off-line in our client database, which we keep strictly confidential.
This privacy policy sets out how The LAMP Company Ltd uses and protects any information
that you give us when you use this website.
The LAMP Company Ltd may change this policy from time to time by updating this page.
You should check this page from time to time to ensure that you are happy with any
changes. This policy is effective from 01.11.2005
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as post code, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better
service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or
other information which we think you may find interesting using the email address
which you have provided.
- From time to time, we may also use your information to contact you for market research
purposes. We may contact you by email, phone, fax or mail. We may use the information
to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent
unauthorised access or disclosure we have put in place suitable physical, electronic
and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard
drive. Once you agree, the file is added and the cookie helps analyse web traffic
or lets you know when you visit a particular site. Cookies allow web applications
to respond to you as an individual. The web application can tailor its operations
to your needs, likes and dislikes by gathering and remembering information about
your preferences.
We use traffic log cookies to identify which pages are being used. This helps us
analyse data about webpage traffic and improve our website in order to tailor it
to customer needs. We only use this information for statistical analysis purposes
and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor
which pages you find useful and which you do not. A cookie in no way gives us access
to your computer or any information about you, other than the data you choose to
share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept
cookies, but you can usually modify your browser setting to decline cookies if you
prefer. This may prevent you from taking full advantage of the website.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in
the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you
can click to indicate that you do not want the information to be used by anybody
for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing
purposes, you may change your mind at any time by writing to or emailing us at change@lampco.co.uk
We will not sell, distribute or lease your personal information to third parties
unless we have your permission or are required by law. We may use your personal
information to send you promotional information about third parties which we think
you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the
Data Protection Act 1998. A fee of £25 will be payable. If you would like a copy
of the information held on you please write to the LAMP Company, 4 Ashville Trading
Estate, Royston Road, Baldock, SG7 6NN.
If you believe that any information we are holding on you is incorrect or incomplete,
please write to or email us as soon as possible, at the above address. We will promptly
correct any information found to be incorrect.
13. Miscellaneous.
Any cause of action or claim you may have with respect to the Site must be commenced
within one (1) year after the claim or cause of action arises or such claim or cause
of action is barred. The Lamp Company's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement. The Lamp Company
may assign its rights and duties under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein are reserved.