Terms and Conditions

Terms of use

Welcome to our website. 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 Light and Motion UK's relationship with you in relation to this website.

The term 'Light and Motion UK' or 'us' or 'we' refers to the owner of the website, Fish Eye Productions Ltd, whose registered office is River Cottage, Roecliffe, York, YO51 9LY. Our company registration number is 3131916 registered in England. The term 'you' refers to the user or viewer of our website. Light and Motion UK is a trading name of Fishe Eye Productions Ltd.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You may link to this website from another website or document without prior written consent provided in all cases Light and Motion UK are clearly identified as holders of the content.

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.


 Terms and Conditions of Sale ("Sales Terms")

Applicable to the Light and Motion UK Online Shop at the URL www.Light and Motion.co.uk/shop ("Online Shop") and orders and sale transactions for underwater video and underwater lighting equipment and related accesories available at the Online Shop ("Product(s)")

For any sales in the Online Shop the parties to the sales contract are communicating electronically when visiting the Online Shop, sending e-mail or posting electronically and you agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

Please note that these Sales Terms do not affect (and should not be read to affect) your STATUTORY RIGHTS, which cannot be waived or limited by contract.

1. About these Sales Terms

These Sales Terms only apply to purchases made on this Online Shop. Other Light and Motion web sites on the Internet may have different terms and conditions. Light and Motion UK may change or alter these Sales Terms from time to time. Light and Motion UK will state the effective date above. Any changes to the Sales Terms will apply to orders placed on or after the effective date. You should recheck the effective date before placing each order in order to be sure that you have reviewed the most recent version which applies to your purchase.

Information contained in Light and Motion’s UK advertising, brochures, other written materials, on Light and Motion web sites or given to you, is an "invitation to treat" only and not an offer by Light and Motion to supply any Products.

BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.

2. Placing an Order

To be able to buy Products you have to:

Register by providing your real name and correct address, phone number, payment details and other required information;

be at least 18 years of age;

provide a delivery address in the mainland United Kingdom
(Note that Light and Motion is unable to deliver to P.O. Box addresses, overseas army addresses, hotel or hostels.); All Overseas orders must be made through calling the company in the first instance

be using a valid debit/credit card to buy the Product(s); and

You may place an order by clicking on the "Buy now" and/or "Add to cart" button, proceeding to the checkout page and then creating your personal account.

When you create a personal account you will also create a personal user identification (your email address) and password. Keep your password protected at all times and do not disclose it to any one else as you are personally responsible for each purchase made using your user identification and password. Note however that the Light and Motion UK Customer Service may when contacted by phone ask for details of your account to verify your identity.

3. Pre-orders

Pre-orders are date and time stamped on receipt by Light and Motion UK, and will be processed strictly in the order in which they are received. All pre-orders are subject to availability. In some instances there may be unforeseen delays in launching the pre-order product, in these instances Light and Motion UK will make all reasonable attempts to inform you of the delay. Any launch date displayed on the Online Shop is indicative only and may change.

Whenever you pre-order anything from the Online Shop the price we charge when we ship it to you will be the lowest price offered by Light and Motion UK between the time you placed your order and the date when your order is shipped by Light and Motion.

You have the right to cancel your pre-order at anytime until the order is released for shipping. To cancel either visit the My Account section of the Light and Motion UK Online shop to view and amend pending orders or contact Light and Motion UK Customer Care who will be able to help you with your request.

If your order contains multiple products, some of which are pre-order items and others that are in stock:

Items in stock will be shipped the same/next working day (depending which time/day of the week the order is placed (see shipping terms)

Items with pre-order status will be shipped as soon as the product is launched in the Online Shop.

This means you may receive your order in more than one shipment. You will receive an email notification to confirm your product(s) has shipped.

If the product that you have pre-ordered is not released or does not become available within 60 days (commencing the day after you ordered the product) ("Pre-order Expiry Date"), we shall contact you by email or phone and propose either to:

Cancel your order, or

If feasible, provide you with a with substitute goods of equivalent quality or price for those product(s) that are not available on or before the Pre-order Expiry Date ("Substitute Products") and charge your credit/debit card for any such Substitute Products.

Where we provide you with Substitute Products, you may still exercise your right to cancel and claim a refund in respect of such Substitute Products in accordance with Clause 10 of these Sales Terms (in accordance with your rights under Distance Selling Regulations).

All pre-orders which are accepted by Light and Motion UK (at our sole discretion) shall be subject to these Sales Terms.

4. Order processing

You agree that your order is an offer to buy the products listed in your order under these Sales Terms. All orders must then be accepted by Light and Motion. We may choose not to accept your order for any reason.

After having received your order, we will send you an acknowledgement e-mail (“Order receipt”) with your order number and details of the products you have ordered. Please note that the Order receipt e-mail is not an acceptance of your order. Acceptance of your order and the formation of the contract of sale between Light and Motion UK and you and will not take place unless and until the products have been sent out to you and you have received an e-mail confirmation of this from us ("Order confirmation"). You have the option to cancel your order at any stage before we have sent the Order confirmation email by contacting our Customer Service via the Contact Us details on this website.

Please note that Light and Motion UK reserves the right to cancel your order at any time before you receive your products. In case we would want to cancel your order after sending an Order confirmation email, Light and Motion UK will refund your payment.

5. Prices, shipping and handling charges and taxes

The price charged for a product will be the price in effect at the time the order is placed and will be set out in the Order receipt and Order confirmation emails. Light and Motion UK may change prices at any time without notice.

Prices for the products do not include charges for shipping and handling or applicable taxes (excluding VAT that is included in prices).

Separate charges for shipping, handling and applicable taxes will be shown when you place your order. The Order receipt and Order confirmation emails provide proof of applicable shipping, handling and tax charges.

Light and Motion UK will try to make sure that pricing information on the Online Shop is correct. Occasionally however prices may not be correct. If the correct price is lower than the price stated on the Online Shop, Light and Motion UK  will charge the lower price. If the correct price is higher than the price stated in the Online Shop, Light and Motion UK will notify you by phone or email of the correct price. In case you wish to cancel your order you have to notify Light and Motion UK. Light and Motion UK does not have to supply products at a price that is not correct.

6. Product availability and delivery

As Light and Motion's UK policy is one of on-going product development, Light and Motion UK does not guarantee the availability of any Products advertised on the Online Shop. Light and Motion UK reserves the right, without liability or earlier notice, to change, discontinue or to stop making available certain products.

For details on different delivery options please see Delivery options and charges

We aim to deliver the products to you on time; however, there may be reasons why we cannot ship in time to meet target dates. Any delivery dates are therefore given as non-binding best estimates only and we do not promise that the product(s) will be delivered on the target date. If you order any personalized items, the manufacturing time for such personalized items is added to the shipping time of the selected delivery option. There may also be reasons for us to re-schedule your order in case the products cannot be delivered on the target date. In that case we will contact you to discuss a new target delivery date. We reserve the right to deliver before the target date if possible.

In case you unreasonably defer delivery or delay the receipt of products after we have notified you that we have tried to deliver the products to you, or if you have provided us with an incorrect delivery address which results in a unsuccessful delivery, we reserve the right to charge you for the reasonable additional costs that we have incurred due to your actions or omissions. If the products remain undelivered after the 1st delivery attempt for a period of 7 working days and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and will refund you in accordance with our return policy less the reasonable additional costs incurred by Light and Motion UK.

You must examine the products within a reasonable period of time after they are delivered to you and check their condition and that the content of the product package is complete. It is your responsibility to notify Light and Motion UK that the product(s) are damaged or incomplete at the time they are delivered to you or reasonably soon after they are delivered to you and at the latest within 7 working days.

7. Compatibility

Not all Light and Motion UK products are compatible. Please take care when placing your order to ensure that the products you purchase are compatible for the use you intend for them. Please use the Online Shop as your final point of reference when checking compatibility. In the event of a difference between the Online Shop content and any other Light and Motion UK (or non-Light and Motion) website (or any other source of information) the compatibility of products as shown on the Online Shop at the time of purchase will be seen as taking precedence.

8. Payment

Payment shall be made by a credit or debit card approved by Light and Motion UK. Approved credit and debit card types are listed on the Online Shop. You have to supply your payment card details when you place your order. Your payment card will be charged on shipment of the ordered products. We will not supply the products to you until your card issuer has authorised the use of your card for payment of the ordered products. As your Order confirmation email is your proof of purchase, we recommend that you save and print that document for your potential future use.

Light and Motion UK will use Verified by Visa and MasterCard SecureCode to provide additional security checks when processing your order. If you decline to register with either of the above card security schemes when prompted, Light and Motion UK reserves the right to decline your order.

9. Title to products

Light and Motion UK retains full legal title to products until it has received all amounts due on the ordered products in full. Light and Motion UK reserves the right (subject to the applicable law) to end your right to use, sell, or otherwise deal in the products and to enter your premises and repossess the products (or instruct a third party to do so), if payment is not made, or if the debit/credit card company declines payment or requires Light and Motion UK to return any payment made for the products, for any reason.

10. Return and refund in accordance with Distance Selling Regulations

If you have bought product(s) for your own private use as a consumer (as opposed to business use) and want to exercise your right to cancel the contract you must notify our Customer Service either via email or by telephone within 14 working days after the date of receipt of the delivery and return the ordered product to us.

However, you may NOT return and claim a refund for the following -

i) Underwater video equipment or underwater lighting equipment or related accesories that have been used (used means that the products have been subject to imersion in salt or fresh water or in swimming pools) were the equipment and accesories have not been subject to any material fault or their perfomance has not been contary to that advertised in media under control of Light and Motion UK. 

ii) Products that have been made to your specification or ones that have been clearly personalised.

In situations were products are returned after use not withstanding 10a Light and motion UK may at our descretion agree to the resceive the goods subject to a refund less a devaluation fee of up to 30% as the goods can no longer be sold as new. The return of products will be at your own expense. In addition the terms of Section 11 below will apply.

11. Product(s) supplied by mistake, incomplete or packaging damaged in transit

Please contact our Customer service either via email or by phone as soon as possible (and within 7 working days at the latest) if:

we have supplied products to you by mistake;

your delivery is incomplete; or

packaging is damaged in transit.

In these cases, return of such products is free of charge and we will arrange for a redelivery or refund to you as applicable. In addition the terms of Section 12 below will apply.

12. How to return Products?

Our Customer service will give you further instructions for return and issue a Return Material Authorisation (RMA) number.

You must return the products in their original packaging. You must include all accessories, user manuals and any free gifts that came with the product.

Where a product has been purchased as a part of a bundle of products, all products within that bundle must be returned. At Light and Motion UK descretion part of the bundle may be returned subject to a balance charge against any discount applied to the remaining items in the bundle. Please note that it is your responsibility to make sure that the products are kept safe and secure whilst they are in your possession. Please treat the products with reasonable care and return them in the condition that they were delivered to you. Please package the products securely and make sure that both the RMA number and your order number are clearly visible on the outside of the parcel.

We suggest you use a traceable and insured delivery agent to return the products to us. If we do not receive all the products from you we may arrange to collect the products from you, at your cost.

An email will be sent to the address you provided when your return has been assigned an RMA number.

If you return products 1) that you are not entitled to return 2) that are not in their original condition, 3) without proper or missing packaging, 4) with product(s) missing from the return delivery 5) without having paid for the delivery or 6) have otherwise failed to exercise reasonable care when taking care of and returning products, we reserve the right either to reject your return and decline to refund or to charge you reasonable repair, restocking or other similar direct costs that we have incurred from those payments to be refunded to you (subject to applicable law).

On acceptable return of products, we will refund you the price you have actually paid, for the products less any fees and charges due to Light and Motion UK (as per the above), by crediting your payment card. Note that we will not refund the delivery costs.

Please note that Light and Motion UKwill only process returns and refunds for products bought on this Online Shop. If you bought products from any other Light and Motion dealer, or through some other distribution channel, such as from another web site, retail store or catalogue, please follow the applicable seller's product return policy.

13. Product warranties and statutory rights

If a Light and Motion manufacturer’s limited warranty is offered for a product, there will be a manufacturer’s limited warranty statement in the user guide or included in the product's packaging. For more information please see details of the Light and Motion limited manufacturer’s warranty.

For non Light and Motion-branded third party products (even if they are contained in product bundles or promotions), all warranty claims are to be made in accordance with the terms and conditions of that third party’s warranty.

If you believe that you are entitled to a replacement or repair under the Light and Motion manufacturer’s limited warranty or based on your statutory rights, please contact customer support.

14. Circumstances beyond reasonable control

We will use reasonable efforts to perform our obligations. However we cannot be held responsible for delay or failure to perform, if the delay or failure is caused by any circumstances beyond our reasonable control. In the event of delay, we will perform our obligations as soon as reasonably possible.

15. Our liability

These Sales Terms set out the full extent of our obligations and liabilities in respect of the supply of the products. There are no warranties, conditions, or other terms that are binding on us. Any warranty, condition or other term concerning the transaction which might be implied by statute, common law or laws applicable in the country where you bought the products (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.

We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising.

However nothing in this section 15 shall affect your statutory rights and nothing in these Sales Terms seeks to exclude or limit liability for any of the following:

fraud; misrepresentation; the death of, or personal injury to, any person caused by negligence; under section 12 of the sale of goods act 1979; under section 2 of the supply of goods and services act 1982; and/or under part i of the consumer protection act 1987.

16. Export controls

You agree to comply with all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of products ("Export Laws"). You agree (i) not to export any product to any country in contravention of any Export Law; and (ii) not to export any product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses and approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the products is prohibited by any Export Law.

17. General

If any provision or provisions of these Sales Terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

18. Contact details

If you have any questions relating to buying products from the Online Shop, you can contact our Customer Service either via email or by phone from Monday to Friday between 9am and 5pm, except public holidays.

19. Governing law

These Sales Terms shall be governed and construed in accordance with English law.