Terms and Conditions

Website Terms & Conditions of business

1. These terms
1.1 What these terms cover
These are the terms and conditions on which we sell or supply our 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.

2. Information about us and how to contact us
2.1 Who we are
We are The Daylight Company Limited, a company registered in England and Wales. Our company registration number is 03677267 and our registered office is at 89-91 Scrubs Lane, London NW10 6QU and this address is also our main trading address. Our registered VAT number is GB 480 7277 28.

2.2 How to contact us
You can contact us by telephoning our customer service team on 1 866 329 5444 or by writing to us at info.us@daylightcompany.com or PO Box 8428 Spring TX 77387.

2.3 How we may contact you
If we must 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.
“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
We will accept your order when we email our acceptance 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 in writing and will not charge you for the product. 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 have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If after payment has been taken, we are unable to accept your order, a full refund will be issued.

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 United Kingdom of Great Britain & Northern Ireland. Unfortunately, we do not accept orders from addresses outside the United Kingdom of Great Britain & Northern Ireland.

4. Our products
4.1 Products may vary slightly from their pictures
The images of the products on our website 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.

5. Your rights to make changes
If you wish to make a change to your order, 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, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 8 – Your rights to end the contract).

6. Our rights to make changes
6.1 Minor changes to the products
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

7. Delivering the products
7.1 Delivery costs
The costs of delivery will be as displayed to you on our website.

7.2 When we will deliver the products
Orders will be delivered to you based on the delivery option chosen when placing the order, for example, standard between 3-5 days.

7.3 Delivery delays
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, we will attempt to take steps to minimise the effect of the delay. 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.

7.4 If you are not at home when the product is delivered
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will be left a note informing you of how to rearrange delivery or collect the products from a local depot.

7.5 Failed delivery
If after a failed delivery to you, you do not re-arrange delivery or collect from the carrier’s local depot within the specified time set out in the failed delivery note, the order will be returned to our warehouse. You will need to contact us to either get a refund for the order excluding shipping costs or -rearrange delivery where extra shipping costs will apply.

7.6 When do you become responsible for the products
The products will be your responsibility from the time we deliver the products to the address you gave us.

7.7 When do you own products
You own the products once we have received payment in full.

7.8 Reasons we may suspend the supply of products to you
We may have to suspend the supply of a product to you to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements.

7.9 Your rights if we suspend the supply of products
If we must suspend a product, we will adjust the price of your order so that you do not pay for the product that has been suspended.

8. Your rights to end the contract
8.1 Ending your contract
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed, you might have a legal right to end the contract. If you wish to have a product replaced or to get some or all of your money back, see paragraph 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 8.2;
(c) If you have just changed your mind about the product, see paragraph 8.3. You may be able to get a refund if you are within the 14-day cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see paragraph 8.6.

8.2 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 (d) below, the contract will end immediately and we will refund you in full for any products which have not been delivered. The reasons are:
(a) we have told you about an upcoming change to a product you have ordered or these terms to which you do not agree;
(b) we have told you about an error in the price or description of a product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of a product you have ordered may be significantly delayed because of events outside our control;
(d) we have suspended supply of a product you have ordered for technical reasons or notify you we are going to suspend supply for technical reasons.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. Any products returned due to change of mind must be returned to us unused, in pristine condition and in the original packaging. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 Our Guarantee
Please refer to our 2 Year Guarantee policy which can be found on our website.

8.5 If you change your mind
You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case you have 14 days after the day you or someone you nominate receives the last delivery to change your mind about the products.

8.6 Ending the contract where we are not at fault and there is no right to change your mind
This may in exceptional circumstances still be possible at the discretion of the Daylight Company Ltd, provided return costs are covered at your expense. Any products returned must be returned to us unused, in pristine condition and in the original packaging.

9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract
To end the contract with us, you must let us know by calling customer services on 1 866 329 5444 or emailing us at info.us@daylightcompany.com. Please provide your name, home address, details of the order, order number and, where available your phone number and emails address.

9.2 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 according to the following procedure:
– Contact customer services on 1 866 329 5444 or emailing us at info.us@daylightcompany.com to obtain a Return Number
– Products sent without a return number will not be accepted.
– Any items returned to us must be unused, in pristine condition and in the original packaging.
– You must send off the products within 14 days of telling us you wish to end the contract.

9.3 Responsibility for the costs of return
We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(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 exercising your right to change your mind you must arrange and pay the costs of return.

9.4 How we will refund you
If you are eligible for a refund, we will refund you the price you paid for the products by the method you used for payment. We will also refund you the shipping costs:
(a) if the products are faulty or misdescribed;
(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 exercising your right to change your mind, we will NOT refund you the shipping costs.

9.5 When your refund will be made
We will make any refunds due to you as soon as possible, once the product has been safely received and inspected by us.

10. Our rights to end the contract
10.1 When may we end the contract

We may end the contract at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
(c) you do not, within a reasonable time, allow us to deliver the products to you.

10.2 You must compensate us if you break the contract
If we end the contract in the situations set out in paragraph 10.1 we will refund any money you have paid in advance for products we have not supplied but we will deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product
We may write to you to let you know that we are going to stop supplying the product. We will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the product
11.1 How to tell us about a problem

If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 1 866 329 5444 or by writing to us at info.us@daylightcompany.com or PO Box 8428 Spring TX 77387.

11.2 Summary of your legal rights
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights, please refer to the Consumer Rights Act 2015.

11.3 Your obligation to return faulty or misdescribed products
If you wish to exercise your legal rights to return any products you have ordered, you must send them back to us or allow us to collect them from you. We will pay the costs of postage or collection. You must call customer services on 1 866 329 5444 or email us at info.us@daylightcompany.com for a return number or to arrange collection.

12. Price and payment
12.1 Product pricing

The price of a product (which includes VAT) will be the price indicated on the order pages when you completed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, please see paragraph 12.3 for what happens if we discover an error in the price of a product you have ordered.

12.2 VAT  rate
We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of your order 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.

12.3 What happens if we get 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 correct price of a product on the date of your order is less than our stated price on the date of your order, we will charge the lower amount. If the correct price of a product on the date of your order is higher than our stated price on the date of your order, 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.

12.4 When and how must you pay
We will take payment when you place the order and it has been confirmed by us, we accept payment by Credit and Debit Card.

12.5 Wrong invoice
If you think an invoice is wrong, please contact us promptly by calling customer services on 1 866 329 5444 or emailing us at info.us@daylightcompany.com

13. Our responsibility for loss or damage suffered by you
13.1 Loss or damage
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract with you or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the ordering process.

13.2 Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at paragraph 11.2.

13.3 We are not liable for business losses
Our website is intended for the supply of products for domestic and private users. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information
14.1 How we may use your personal information
We will only use your personal information as set out in our website Privacy Policy

15. Other important terms
15.1 Transfer of contract
We may transfer our contract with you to someone else. We may transfer our rights and obligations under our contract with you to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

15.2 Transferring your rights
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to it in writing.

15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to)
The contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in paragraph 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking our contract with you, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. [For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings?
These terms and our contract with you are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.