Terms & Conditions

GENERAL This Lightologie shopping website at lightologie.com.au, (the “Site”) is a shopping website where you can browse, select and order each good or service that is advertised on the site (“Products”). Your access to and use of the site, including your order of products through the site, is governed by these terms and conditions.

COMPLIANCE You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the site. You agree to comply with the terms of use. You can view the terms of use below.
You agree to comply with all relevant laws relating to your use of the site and your placement of any order through the site.
 
PLACING AN ORDER FOR PRODUCTS/SERVICES You may order products by selecting and submitting your order through the site in accordance with these terms and conditions.
Any order placed through this site for a product is an offer by you to purchase the particular product for the price notified (including the delivery and other charges and taxes) at the time you place the order. 
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.
You agree to provide us with current, complete and accurate details when asked to do so by the site.
 
ACCEPTANCE OR REJECTION OF AN ORDER In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.
Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:
  • supply the products in that order to you in accordance with these terms and conditions; and
  • provide you with an email confirmation of that order.
If we reject an order placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
    BACK ORDERS At Lightologie, we aim to only offer products for online sale where the product is readily available to ship. From time to time however, you may pay for a product that is not readily available for shipping. If this happens, we will notify you as soon as possible to let you know that the item or items are to be placed into our back order system.
    We understand that you may not always wish to wait for a product where it is not readily available for shipment. If you wish to cancel such an order, you can do so while the order is still in our back order system by contacting us and we will refund the amount that you paid for the product.
    In the instance where a product is not readily available for shipment, we will use our best endeavours to procure the product from our suppliers within 30 days from the date that you place your order. We also guarantee to lock in the original purchase price of the back ordered item.
    If we are not able to procure the product within this time frame we will contact you to cancel the order for the product and provide you with a refund.
    DELIVERY OF PRODUCTS We will only deliver products ordered through the site to a location where we provide delivery services.
    All efforts are made to dispatch the order within 5 business days from date of purchase.
    You may obtain further information on the site about our delivery time frames and how we deliver certain products. The delivery fee for your order depends on the type of product you order (in particular, the size and weight of the product).
    You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site.
    We may require the person accepting the delivery of your order to provide us with proof of that person’s identity (including photographic identification) and, if the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks.
    The address specified by you during the customer registration process for the delivery of products that we will supply to you under these terms and conditions is defined here as the “Delivery Address”. If there is no one or no appropriate person at the delivery address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the products you have ordered. In this instance, we will endeavour to contact you or you may contact us to arrange for delivery at a different time, and we may charge you an additional delivery fee for that replacement delivery.
    You acknowledge and agree that any person at the delivery address who receives the products is authorised by you to receive your order.
    Pick up of products is not available.
     
    ASSEMBLY OF PRODUCTS Unless otherwise stated, products do not come pre-assembled. If you require information regarding specific item assembly, please contact our customer service department.
    RISK AND TITLE Risk and title to the products passes to you on the date and time of delivery to the delivery address.
    CANCELLING AN ORDER We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
    • the products in that order are not available; or
    • there is an error in the price or the product description posted on the site for the product in that order; or
    • that we reasonably believe your order has been placed in breach of these terms and conditions.
    If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
    You may cancel an order (whether it is accepted by us or not) by contacting customer service at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant products in accordance with these terms and conditions.
    FEES AND CHARGES We will charge you, and you agree to pay, the purchase price of each product that is ordered, the delivery fee for your order that we notify to you when you place your order ("Delivery Fee" or "Shipping Charges") and any other fees and charges set out in these terms and conditions.
    All fees and charges identified in these terms and conditions and all prices for the products, unless indicated otherwise, include GST where applicable.
    The purchase price of each product is shown on the product list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in any of the larger retail stores for the same product and we are not obliged to match any prices.
    Just like in any retail store, prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our back order policy), once we have accepted your order, we will not change any prices that apply to the products in that order.
    If you cancel an order then:
    a. subject to (b), we will refund any amounts paid by you for that cancelled order. Refunds to credit cards can take up to 30 days to appear on your statement;
    b. we will not refund the delivery fees where the products in your cancelled order have been dispatched for delivery.
    PAYMENT METHODS You may pay the fees and charges for an accepted order using the following payment methods:
    1. the following credit cards:
    • Visa; and
    • Mastercard; or
    2. other payment methods:
    • Paypal
    • Direct deposit into our bank account
    If we are unable to successfully process your credit card or PayPal payment for your order that is accepted by us, then we may cancel your order.
    If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.
    You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
    We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.
    DAMAGED PRODUCTS AND RETURNS You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product, take photos where possible without damaging the packaging and notify us through our customer service. If you notice damage to a product after delivery, you should notify us within 7 days of delivery. If so, you may return the product to us in accordance with this clause.
    We do not accept change of mind returns. 
    You must provide us with the invoice we issued to you for your order to make a claim. We will not refund the delivery fee where the products have been delivered to you. Your cost of returning any damaged product will be your responsibility. In the case of damaged goods, we will refund or replace the product at our discretion.
    Once we have received a returned product and a refund is due, we will issue that refund within 72 hours. Refunds to credit cards can take up to 30 days to appear on your statement.
    No returns are permitted on customised or special order items.
    For the avoidance of doubt, any light bulb delivered that arrives in tact and in working condition but blows thereafter through use, irrespective of length of use, is not deemed a damaged product and will not be replaced or refunded unless the item listing specifically states that the product is covered by a warranty. Light bulbs are deemed a consumable item and therefore all average lifetime hours provided are averages and by no means a guarantee of life span.
    TERMINATION We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:
    • the breach cannot be remedied; or
    • you fail to the remedy the breach within 10 days of our notice to you of that breach; or
    • if there is an emergency.
    We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.
    CHANGES TO THESE TERMS AND CONDITIONS For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
    We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
    PRIVACY At Lightologie, we respect your privacy. Keeping your personal information secure is paramount. As such we only collect personal information that is necessary for us to conduct our business as an online provider of goods. We collect, hold, use and disclose your personal information in accordance with the National Privacy Principles, as provided in the Federal Privacy Act 1988.
    The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. You can view our Privacy Policy here.
    We will collect your personal information through your use of the site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
    • for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the site; and
    • with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
    • for other purposes to which you consent to (either express or inferred consent).
    You may access your personal information, by logging into your registered account or by contacting us.
    TERMS OF USE
    GENERAL Your access to and use of the site, including your order of products through the site, is subject to these terms and conditions.
    You agree to bound by, and comply with, these terms and conditions by browsing the site.
    REGISTRATION If you register an account with us, you may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the site.
    If you choose to use a workplace email address for your account or to access the site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.
    GENERAL You must not:
    • use the site for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes, including, but not limited to breaches of the Copyright Act 1968 (Cwlth); 
    • use the site in a manner or way, or post to or transmit to or via the site any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the site;
    • make fraudulent or speculative enquiries, purchases or requests through the site;
    • use another person’s details without their permission or impersonate another person when using the site;
    • post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
    • tamper with or hinder the operation of the site;
    • knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the site;
    • use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the site;
    • modify, adapt, translate or reverse engineer any portion of the site;
    • remove any copyright, trade mark or other proprietary rights notices contained in or on the site;
    • reformat or frame any portion of the web pages that are part of the site;
    • create accounts by automated means or under false or fraudulent pretences;
    • use the site to violate the security of any computer or other network or engage in illegal conduct;
    • take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
    • use the site other than in accordance with these terms and conditions; or
    • attempt any of the above acts or engage or permit another person to do any of the above acts.
    The site may contain links to external websites that are not operated by us or our related bodies corporate.
    These links are provided for your convenience only and;
    1. we make no representations or warranties, or have any responsibility or liability for those websites; and
    2. these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
    This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
    TERMINATION We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:
    1. the breach cannot be remedied; or
    2. you fail to the remedy the breach within 10 days of our notice to you of that breach; or
    3. if there is an emergency or we need to perform some maintenance on our site.
    You may stop using the site at any time and for any reason.
    From time to time, business strategies change. As such, we may in the future, stop making the site (or any part of it) available. This will not impact any current orders that have been accepted by us.
    DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
    You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
    In no case shall Lightologie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

    INDEMNIFICATION You agree to indemnify, defend and hold harmless Lightologie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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