Fireflygrowlight.com Terms & Conditions of Sale
This page, together with the documents expressly referred to on it, tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in them.
You will be asked to confirm your acceptance of these Terms before being able to place an order. If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms, or save them to your computer, for future reference.
Information about us
We operate the website www.fireflygrowlight.com. We are Firefly Growlight BV, a company registered in the Netherlands under Chamber of commerce number: 82684472 and with our registered office at Laan van Westroijen 6, 4003AZ, Tiel in the Netherlands which is also our main trading address. Our VAT number is NL862566022B01.
To contact us, please see our Contact us page or send an email to email@example.com
The images of the Products on our site are for illustrative purposes only. We hold the right to change/upgrade the composition of our Products and thus the images on the website aren’t always the same as the composition of your order.
Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
The packaging of the Products may vary from that shown on images on our site.
All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.
How we use your personal information
If you are a Consumer
If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from the Consumer Rights and Complaints section on the Official website of the European Commission. Nothing in these Terms will affect these legal rights.
How the Contract is formed between You and Us
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean your order has been accepted. Our acceptance of your order will take place as described in clause 7.3 below.
We will confirm our acceptance to you by sending you an email that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our site as referred to in clause 11.5 below, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
Your Consumer Right of Return and Refund
If you are a consumer, you have the right to cancel a Contract for the period set out in clause 8.2 below. This means that during that period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. This does not affect your legal rights to cancel the Contract, advice on which is available from the Consumer Rights and Complaints section on the Official website of the European Commission.
Your right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 21 days in which you may cancel, starting from the day you receive the Products.
To cancel, please contact us in writing by e-mail at firstname.lastname@example.org, clearly stating your name, address and order number. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date of the email or posted the letter to us.
If you exercise your right to cancel, you will receive a full refund of the price you paid for the Products minus any applicable delivery and return charges. We will process the refund due to you as soon as possible and, in any case:
14 days from the day you return any goods supplied in perfect condition, or provide evidence that you have returned them, or
if there were no goods supplied, 14 days from the day on which we are informed about your decision to cancel this contract
Regarding Product Returns: You must return the Products with the original packaging to us at your expense within 14 calendar days of your notice of cancellation, ensuring that you obtain proof of posting for your own records. Note that if you fail to package the goods adequately to avoid damage in transit or fail to take reasonable care of the goods we might not be able to accept their return. Otherwise, on receipt of the goods in undamaged condition we will refund the full purchase price to the card or method you originally used for the purchase. The address for return of the goods will be provided to you after we have received your first message notifying us of the return.
Details of your right to cancel and an explanation of how to exercise it are provided with the Dispatch Confirmation.
As a consumer, you will always have legal rights regarding cancellation in relation to Products that are faulty or not as described. These legal rights are not affected by the Firefly Growlight product guarantee . Advice about your legal rights is available at the Consumer Rights and Complaints section on the Official website of the European Commission
Your order will be fulfilled by the estimated delivery date (and time slot if applicable) set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
We can only accept orders for delivery to addresses within the European Union (Schengen – zone).
The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication. However, if you discover an error in the prices of the Products you ordered, please see clause 11.5 below for what happens in this event.
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in your country for the time being.
Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Payment and Pre-Order
Payment must be made by one of the following: Mastercard, Visa, Maestro, Wiretransfer, Klarna, Bitcoin, Ethereum or Paypal. Payment for the products and all applicable delivery charges is in advance.
Our Liability if you are a Consumer
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
We only supply the Products for domestic or private use. You agree not to use the Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
defective products under the Consumer Protection Act 1987.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
we will contact you as soon as reasonably possible to notify you; and
fraud or fraudulent misrepresentation;
our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- Communications Between Us
When we refer in these Terms to “in writing”, this will include email.
If you are a consumer: to cancel a Contract in accordance with your legal right to do so as set out in clause 8.1, please contact us in writing to tell us by starting an email conversation (email@example.com). You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you started the email conversation or posted the letter to us;
if you wish to contact us in writing for any other reason, you can send this to us by starting an email conversation or by pre-paid post to Firefly Growlight BV, Laan van Westroijen 6, 3004AZ, Tiel, the Netherlands.
If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If you are a consumer, please note that these Terms are governed by Dutch law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Dutch law. You and we both agree to that the courts of Midden-West Brabant in Breda, The Netherlands, will have non-exclusive jurisdiction.
All Firefly Growlight Light Fixtures are covered by a 3 year guarantee (5 years after registration), and all products that are not light-fixtures will have a 2 year guarantee.