\ GENERAL TERMS & CONDITIONS \
GENERAL
Unless otherwise agreed in writing, these general terms and conditions shall apply to each offer of, and each agreement with Helio Lights (dpt import bv), and shall form an integral part of the same. No purchase terms and conditions of the customer shall be binding to Helio Lights (dpt import bv), even if Helio Lights (dpt import bv) has not expressly rejected the same. Deviations from these general terms and conditions shall only come into force after Helio Lights (dpt import bv) expressly confirms the same in writing. Please read these Terms & Conditions carefully and make sure that you understand them, before ordering any products.
The website is owned by Helio Lights (dpt import bv), Uilenstraat 10, B-9100 Nieuwkerken-Waas, Belgium, VAT BE0846.733.784. Email: info@helio-lights.com, tel: 0032 3 746 00 81.
Purchase agreements are contracted in English and are legally binding when you receive an order confirmation.
PAYMENT
Unless otherwise expressly agreed in the quotation, the terms of payment are as follows:
50% on deposit to schedule production (deposit is non-refundable).
Balance and shipping fees to be paid on completion of order and before delivery will be scheduled.
Orders can be stored by Helio Lights (dpt import bv) for a limited time. An indication of time must be provided.
Goods remain the property of Helio Lights until full payment has been received.
Payment may be made by wire transfer.
We also offer Paypal, Mastercard and Visa; a 3% handling fee will be applied to these transactions.
PRICES
Prices are stated exclusive of vat and tax; their firm or revisable nature and the amount are specified in the specific terms and conditions.
WARRANTy
All Helio Lights fixtures are warranted for 2 years after receipt (not installation) against defects. Helio Lights will repair or replace defective components or product. Hardwired light fixtures are certified for CE dry locations.
All products from other manufacturers obtain the warranty given by the manufactures warranty, terms & conditions agreement.
RETURNS
All sales are non-refundable.
We do not offer exchanges or refunds.
MATERIAL VARIATION
Slight variation in shape and colour is part of hand made craft and may be apparent between batches; this will not be an acceptable reason to reject an item produced by Helio Lights.
Shades / covers are made by hand and consequently may contain some natural variation in size, shape and colour.
All damage claims must be made in writing to info@helio-lights.com within 5 working days of receipt of goods. Damage claims must include photographs along with a written description of the damage.
Helio Lights is not responsible for repair or replacement of damages reported after this time.
If damage has occurred in shipping all packaging must be retained by the receiver. Failure to do so may invalidate any claim.
DELIVERY
The buyer shall communicate a valid delivery address and shall ensure that someone can take delivery of the goods on the agreed date. Should delivery be delayed for any reason beyond our reasonable control, it shall be deemed to have been made on the agreed date. Unless otherwise stipulated, the buyer shall pay the costs and bear the risks of transportation of the goods sold. The delivery time is stipulated upon receipt of your order con!rmation. However, as inventory shortages are unavoidable, delivery times indicated on our order confirmations are given for information only. A late delivery shall not be a ground for terminating the contract of sale and shall not give rise to any payment of damages or late delivery penalties or to a cancellation of the order.
Helio Lights is not responsible for repair or replacement of damages reported after this time.
If damage has occurred in shipping all packaging must be retained by the receiver. Failure to do so may invalidate any claim.
TRANSPORT
Our prices are stipulated Ex-works (Incoterms 2010) from seller’s premises or any other Incoterm stipulated in the specific terms and conditions. The transportation risk shall be fully borne by the buyer who is responsible for insuring the goods.
INSTALLATION
All permanent fixtures are designed to be installed by a certified electrician. We provide installation instructions, hardware and bulbs for all pieces. Please reference your specification sheet for weight requirements. Please make sure the ceiling contains appropriate blocking.
LIMITATION OF LIABILITY
In no event will we be liable for special, incidental, consequential or exemplary damages arising out of this agreement or out of the use of the goods or for services provided by us, including, without limitation, damages or costs relating to the loss of profit, business, goodwill, property damage, or bodily injury, even if we are advised of the possibility of such damages, or for any similar claim against you by another party.
The above exclusion of incidental and consequential damages may not be enforceable under some applicable laws, so such exclusion may not apply to you. In no case shall our liability for money damages exceed the invoice amount paid by you.
WE ARE NOT RESPONSIBLE FOR THE FOLLOWING
Damage caused by improper cleaning solutions or methods.
Damage caused by improper installation or assembly by the customer or the customer’s agent.
Damage to our fixtures, parts of our fixtures, or shades caused by the improper use of light bulbs.
Damage caused by exposure to weather or improper environment.
Changes in the appearance of the hand rubbed finishes or un-lacquered finishes. These are meant to age in appearance.
Any costs of installation, removal or re-installation.
FORCE MAJEUR
Helio Lights (dpt import bv) will not be liable for any failure or delay in performance or delivery which might be due, in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of, any nature beyond our reasonable control.
Such causes include, without in any way limiting the generality of the foregoing, fire, explosion, earthquake, storm, flood or other weather, unavailability of necessary utilities or raw materials, strike, lockout, unavailability of components, activities of a combination of workmen or other labour difficulties, war, insurrection, riot, act of God or the public enemy, law, act, order, export control regulation, proclamation, decree, regulation, ordinance, or instructions of any government or other public authorities, or judgment or decree of a court of competent jurisdiction.
COPYRIGHT
Except for those supplied by the customer, the designs and models created by the supplier shall remain the exclusive property of Helio Lights (dpt import bv). Therefore, no copy, including partial copies, may be made by the buyer or any third party.
DISPUTE RESOLUTION
For any dispute arising in connection with the performance of the contract of sale or payment of the price or in connection with the construction or performance of the provisions and conditions hereof and/or of the provisions referred to above, the commercial court of Belgium shall have exclusive jurisdiction.
AMENDMENT
FThese terms and conditions may not be amended, changed or modified in any way except in written instrument duly executed by both parties.
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