Terms of service

OVERVIEW
Welcome to Performance Lights! The terms "we", "us" and "our" refer to Performance Lights. Performance Lights operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Performance Lights is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Performance Lights reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Performance Lights confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Performance Lights may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Performance Lights, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Performance Lights, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Performance Lights.
Performance Lights's names, logos, product and service names, designs, and slogans are trademarks of Performance Lights or its affiliates or licensors. You must not use such trademarks without the prior written permission of Performance Lights. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Performance Lights is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Performance Lights. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Performance Lights, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Performance Lights.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Performance Lights, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Performance Lights, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Performance Lights, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Performance Lights, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Performance Lights is headquartered. You and Performance Lights consent to venue and personal jurisdiction in such courts.

SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@performancelights.co.uk.
Our contact information is posted below:
[INSERT TRADING NAME]
sales@performancelights.co.uk
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER] ABOUT THIS DOCUMENT

1.1 What they cover
This document sets out the Performance Lights Web Sale Conditions (referred to as the sale conditions).

1.2 Changes
We may change these sale conditions at any time, and any changes will take effect on the date they are posted on our web site. Those changes will not affect any orders you submitted before the change.

2. ABOUT PERFORMANCE LIGHTS

Performance Lights is a trading name of AutoArt Styling Limited, a company registered in England and Wales, with company number 06815160. Our postal address is Unit 1 Block B Harriott Drive, Warwick, CV34 6TJ, UNITED KINGDOM. References to Performance Lights, we, us and our, are to Performance Lights.

3. RETAIL SALES ONLY

These sale conditions apply to all sales of goods by us to retail customers through our web site https://www.Performancelights.co.uk/, and shall apply to any orders you submit via our web site.

4. DEFINITIONS

In these sale conditions: the contract is the contract which incorporates these sale conditions; the contract documents are these sale conditions, the web pages through which you ordered the goods, the descriptions and specifications of the goods on our web site, and our e-mails to you acknowledging and/or accepting your order; the delivery charges means the delivery charges for your order stated in the ordering web pages and any order confirmation e-mail we send to you; the delivery address means the delivery address you provided to us in your account or as stated in the ordering web pages; the goods mean the goods you are purchasing under the contract; the price means the price of the goods as stated in the ordering web pages and any order confirmation e-mail we send to you; the ordering web pages comprise your shopping trolley and the checkout and other ordering pages generated by our web site and sent to your browser's specific to your orders; you and your means the person purchasing the goods from us; we, us, our and Performance Lights mean Performance Llights ; the web site means our web site through which you ordered the goods; and working- or business day means Monday to Friday, bank- or other public holidays excluded.

5. HOW THE CONTRACT IS MADE

5.1 Your order
Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to point that we accept it.

5.2 Acceptance of your order
Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch an item to you, at which point a contract will be made between us. At any point up until then we may decline to supply an item to you. If we decline to supply an item to you and you have already paid for it, we will give you a full refund of any amount already paid for that item. 

5.3 Declining your order
If we decline your order for any reason we will normally e-mail or telephone you to inform you, and give you our reasons. We will not accept any order until we have received pre-payment in full of the price, delivery charges, VAT and other amounts payable in respect of the order. Other reasons for us declining an order may include that the price-, offer-, or product has changed or because any of the goods you have ordered are not available. 

6. SALE AND PURCHASE

On acceptance of your order, we agree to sell to you and you agree to purchase from us the goods specified in the contract documents.

7. DESCRIPTION

The goods will be the make and model of goods specified in the ordering web pages, will correspond to the essential characteristics, description and specification set out in our web site at the time of order. We will not be responsible for variations between the description of the goods on our web site and the manufacturer's specifications, and the latter shall prevail. We will also not be responsible for minor variations in specification, colour, packaging or other design features, and no such minor variation shall entitle you to rescind the contract, reject the goods or be the subject of any claim against us. The images of the Products on our site are for illustrative purposes only. Whilst we have made every effort to display the colours as accurately as possible, we cannot guarantee that your computer’s display of those colours accurately reflects the colour of the Products. Products may vary slightly from those images.

8. CHARGES AND VAT, CUSTOMS DUTY AND OTHER TAXES

You agree to pay the price, delivery charges and any other charges stated in the ordering web pages, in accordance with the terms of the contract. The price, delivery charges and all other amounts payable under the contract are inclusive of value added tax which we may charge in addition at the rate applicable from time to time and which shall be payable at the same time as the amount on which it is charged.

Customers requiring delivery to countries outside the UK may be liable for payment of duties and/or taxes levied by their country’s Customs authorities when goods ordered from us arrive in their country. Any and all such duties and taxes are the responsibility of the customer, and in placing an order with us you acknowledge that you accept full responsibility for making any such payments that may be required by the relevant authorities in your country in order for them to release the goods to you.

9. PAYMENT TERMS

9.1 Payment With Order
Payment of the price, delivery charges, and all other fees and amounts must be made with your order.

9.2 Payment Methods
We accept payment by MasterCard and Visa, and such other cards or payment methods as may be stated on our web site from time to time. Payment is deducted when we process your order, if payment is due with order. If your payment cannot be authorised or cleared for any reason we will tell you.

10. DELIVERY

10.1 Delivery Address
Delivery will be to the delivery address selected or provided by you in the ordering web pages. If no address was selected, then delivery will be to the address at which your payment card is registered, or to any other address you have provided. 

10.2 Delivery Method
Items are delivered on a Tracked service by Royal Mail or Courier service. Courier items are only delivered on working days, being Monday to Friday, excluding public and bank holidays, between 8am and 6pm. Any statements as to delivery within a number of days should be read as working days, and if a bank or other public holiday falls within any delivery period then you should allow an extra two working days for delivery. If you order after 1.00 p.m., please calculate your delivery time as if your order had been placed the following working day.

10.3 Delivery Timescales
Delivery dates and times are given as advice only and may vary due to circumstances beyond our control. We regret that we can’t accept orders where time is of the essence.

10.4 Failure to Receive the Goods
If delivery is attempted within our stated delivery hours and you are not present to collect the goods, our carrier will leave a card asking you to contact them to arrange for collection or re-delivery thereof. If you do not contact them within a reasonable time, the goods will be returned to us. You will then have the option of cancelling the order and receiving a refund, or having the goods sent out again, for which a second delivery charge will be payable. 

10.5 Proof of Delivery
All deliveries must be signed for before our carrier will release them to you. Signing for delivery is for simple proof of receipt purposes and will not affect any of your other rights. Please make sure you keep the paperwork enclosed with your goods, as this will be important if you are returning the goods later on.

10.6 Inspection on delivery
When you receive the goods you should immediately inspect them for damage and faults, and you should inform us in writing by end of the following working day if you do not consider that you have received the goods you ordered or if you consider that the goods are faulty or damaged, otherwise we will consider them to have been correctly delivered, free from damage or faults and in good working order. This will be without prejudice to any damage or fault you could not have discovered on reasonable inspection of the goods.

10.7 Risk
Risk in the goods shall pass to you on delivery.

10.8 Retention of Title
Title to the goods passes to you on delivery, unless the price or any other amount payable by you is outstanding at delivery, in which case title is retained by us until you have paid in full the price and all other amounts payable under the contract. You agree that we may still sue for the price, notwithstanding that title has not passed. You also agree that your right to possession and use of the goods shall cease if any amount payable by you under the contract becomes overdue, or you enter into liquidation or administration, and that we shall be entitled to enter any premises where the goods are kept for the purposes of repossessing them.

11. CANCELLATION RIGHT

11.1 Your right to cancel
You have the right to cancel this contract without giving any reason within 30 calendar days from the date on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.

To exercise the right to cancel this contract you must inform us of your decision to do so by a clear statement (e.g. a letter sent by post or email). Our postal address is as given in point 2 of these terms and conditions, our email address is help@performancelightsuk.com
To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of this right before the cancellation period has expired.

On receipt of your notice to cancel we will issue you with a returns number and provide detailed return instructions.

11.2 Return of Goods after Cancellation
You will have to bear the direct cost of returning the goods to us, without undue delay and in any event not later than 14 calendar days from the date on which you communicated your intention to cancel the contract to us. The deadline is met if you send the goods back before the period of 14 calendar days has expired.

11.3 Duty of Care
You are required to take reasonable care of the goods while they are in your care. When returning items to us, it is your responsibility to ensure that they are packed so as to prevent damage to the item/s and packaging en route to us, and that they are adequately insured. We can’t process refunds if items returned to us are damaged or lost in transit.

You will be liable for any diminished value of the goods resulting from their handling beyond what is necessary to establish the nature, characteristics and functioning thereof (in other words, any more than you would be permitted to do in a physical shop).

11.4 Exceptions to the Right to Cancel
You may not cancel an order if the goods were made to your specifications and/or are personalised for you.

11.5 Refunds
If you decide to cancel your order, we will refund to you all payments received from you including the cost of delivery (excepting any additional delivery charges made if you chose a type of delivery other than our standard or least expensive delivery option).

We may make a deduction from the refund for loss in value of any goods supplied if this loss is as a result of unnecessary handling by you. Please note that refunds cannot be made for items that have been damaged due to customer abuse/misuse or modified in any way.

We will make the refund to you without undue delay, and not later than 14 calendar days after the day we receive back from you any goods supplied, or (if earlier) 14 calendar days after the date on which you provide evidence that you have returned the goods. We will make the refund using the same means of payment you used for the initial transaction, and you will not incur any fees as a result of the refund.

12. WARRANTY

12.1 Our Warranty
We warrant that the goods on delivery will be of the description set out in the contract, will be new, will be in working order and will be free from material damage.

If any goods supplied should develop a fault within 12 months from the date of purchase, they can be returned to us. You will be required to return the goods to us for inspection at your cost unless we agree otherwise. If the goods are found to be faulty we will refund the cost you incurred in returning them provided it does not exceed the original cost of delivery to you.

Our sole liability and your sole remedy for breach of this warranty shall be one of the following (at our sole option):-

(a) we will endeavour to repair the goods;
(b) we will replace the goods with goods which do conform to the contract; or
(c) we will take the goods back and offer a full refund if the fault has occurred within 30 days of sale. Outside of the 30 day period we reserve the right to make a deduction to cover the use you have had from the goods and may offer a pro-rata refund instead.

If we elect to repair or replace the goods and this proves not possible, proves disproportionately costly, or we are unable to do so within a reasonable time, then we may take the goods back and offer either a full or pro rata refund.

12.3 Exclusion of Implied Terms
All warranties, terms or conditions implied by statute, common law, custom or otherwise as to the description, quality, fitness for purpose, or compliance with description or sample of the goods are hereby excluded to the fullest extent permitted by law. This does not affect your statutory rights.

13. LIMITATION OF LIABILITY

13.1 Meaning of "liability"
In the contract, references to our "liability" shall be to our liability to you for breach of the contract, our liability to you for negligence, breach of statutory duty, tort, or accidental or negligent misrepresentation, and any other liability we may have to you whatsoever and howsoever arising under, in connection with, or in the course of performing, the contract, or in connection with the goods.

13.2 Limitation of Liability
We shall have no liability to you for: loss of revenue, bargain, profit, anticipated savings, contract, business, expectation, use, production, or goodwill; any costs, expenses, liabilities, or commitments waste, suffered, incurred or entered into in reliance on the contract; any costs of purchasing substitutes or replacements for the goods elsewhere; any special, indirect or consequential losses; your liability to any third party; or loss or damage suffered by any third party.
Our total liability for all events giving rise to liability to you in aggregate shall be limited to an amount equal to the price, delivery charges and other amounts payable by you under the contract.

14. FORCE MAJEURE

We shall not be liable to you for non-performance or late performance of the contract due to any matter beyond our reasonable control, including (without limitation) war, threat of war, terrorism, riot, civil commotion, public demonstration, blockade, or sabotage, the act of any government, government authority or legislature, industrial action (including our own employees), lightning, fire, explosion, storm, flood, earthquake, accumulation of snow or ice, or drought, shortages (including of fuel, utilities, and raw materials), vandalism, theft and other criminal action, interruption or failure of utilities, or anything of a similar nature affecting our carriers, sub-contractors or suppliers. If any such events mean that we have insufficient stocks or supplies to meet all of our contracts with you and other customers, we may decide in our sole discretion which contract to fulfil.

15. PERFORMANCE LIGHTS RIGHT TO CANCEL OR VARY

If:-

(a) we are not able to supply any of the goods for genuine reasons beyond our control, for instance, because we did not have the goods in stock, or sufficient goods in stock to meet all our orders, and we are not able to obtain the goods from our suppliers at all or in time to meet the delivery timescales; or
(b) our web site and/or ordering web pages contained any error, including in relation to the description or price of any of the goods; or
(c) if any of the goods are not in stock or insufficient goods are in stock to meet all our orders and cost of acquiring the goods to supply to you is higher than when your order was submitted or the cost of delivery is higher than when your order was submitted,

We shall be entitled to cancel the contract as a whole or in respect of those goods, in which case we will offer you a full refund, and we may also at the same time give you an offer to continue with your order subject to variations, or give an alternative offer, in which case we will identifying any changes to the goods, the price and delivery charges, and delivery timescales, and we will state how long that offer will remain open. These will be your only remedies and claims against us in such circumstances.

16. GENERAL

16.1 Entire Agreement
The contract documents constitute the entire agreement between you and us for the sale and purchase of the goods. No other communications or representations between you and us, whether written or oral, shall bind us, and you acknowledge that you have not relied on any representations from us in entering into the contract which do not form part of the contract documents. Any variation or alteration to the sale conditions shall only be binding upon us if made in writing and signed by a director of AutoArt Styling Limited t/a Performance Lights. No employee, other than a company director, has authority to change the terms of the contract.

16.2 Assignment by customer
You may not assign, transfer, charge, or declare a trust over the benefit of the contract or any rights under it to anyone else without our prior written consent.

16.3 Assignment by Performance Lights
We shall be entitled to assign the benefit of the contract and any debts under the contract.

16.4 Third Party Rights
The contract shall not benefit or be enforceable by any third party.

16.5 Sub-contracting
We may sub-contract our obligations under the contract.

16.6 Invalid Terms
Each of the terms of the contract is separate and severable, and if any term (or part thereof) is held to be void or invalid, it shall be severed, and the remaining terms shall continue in full force.

16.7 Waivers
We may on occasion, at our sole and absolute discretion, decide not to exercise or wait before exercising our rights. If we do so, we shall still be entitled to insist on the strict terms of the contract later on.

16.8 Law and Jurisdiction
The contract shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction.