Terms and Conditions
In these terms and conditions, "we", "us" and "our" means Special Lights Pty Limited ABN: 59 000 119 488 Please read these terms and conditions carefully as they apply to your use of our web pages and website (Website) and the service offered by us on the Website as described in clause 2 below (Service). By using the Website and the Service you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
(a) The Website provides (among other things) a service by which you can obtain information about our business.
You may be required to register with us in order to access the Website or to make use of the Service. Where you are required to register:
(a) you must provide us with accurate, complete and updated registration information;
(b) you must safeguard any user name and password which we provide to you;
(c) you authorise us to assume that any person using the Website or Service with your user name and/or password is either you or is authorised to act for you;
(d) where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
(e) you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
(f) you may cancel your registration at any time at any time by notifying us;
(g) we reserve the right to discontinue or cancel your registration in our sole discretion without notice if you do not visit the Website or use the Service for an extended period of time, if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.
4. LICENCE TO USE THE CONTENT ON THE WEBSITE
(a) You acknowledge that the Website, the Service and all related content are subject to copyright and possibly other intellectual property rights (Intellectual Property Rights).
(b) We grant you a limited, non-transferable licence to access and use the Website and the Service solely for your personal, non-commercial purposes and only for these purposes.
(c) We (or our licensors) retain all right, title, and interest in and to the Website, the Service and all related content, and nothing you do on or in relation to the Website, the Service or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph
(b), licences you to exercise any Intellectual Property Rights whatsoever.
(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce the Website, the Service or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at [insert contact us link] if you wish to obtain such consent.
(e) Subject to any applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Service without notice.
5. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that you will not use the Website or the Service for any purpose that is unlawful or prohibited by these terms and conditions.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website or the Service or resulting from, or alleged to result from, your use of the Website or the Services, a breach of your representations and warranties in clause 5, or your violation of any of these terms and conditions.
7. USE OF THE SITE IS AT YOUR OWN RISK
(a) You use the Website and Service at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. In particular:
(i) we endeavour to provide a convenient and functional Website and Service, but we do not guarantee that that your requirements will be met or that any content will be uninterrupted, error free or that the Website or Service or the server that operates them are free of viruses or other harmful components; and
(ii) while we may attempt to keep information on the Website or the Service current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Website or the Service.
(b) If your use of the Website or the Service results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
(c) Without limiting the above provisions, to the extent permitted by law, everything on the Website and in relation to the Service is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law.
8. LIMITATION OF LIABILITY
(a) To the maximum extent permitted by law:
(i) we have no liability to you, whether for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Website, the Service or any related content;
(ii) we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website, the Service or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and
(iii) our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
A. in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and
B. in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.
(b) Subject to our obligations under any implied conditions and warranties referred to in paragraph (a)(iii), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (a)(iii).
9. VARIATION OF THE WEBSITE AND SERVICES
You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Service and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.
10. LINKS AND ADVERTISEMENTS
We have not reviewed all of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Website are solely between you and such advertisers.
(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
(c) These terms and conditions constitute the entire agreement between us and you in relation to the Website and your use of the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.
(d) Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices.
(e) The provisions of these terms and conditions which by their nature survive termination or expiry of these terms and conditions will survive cancellation of your registration or termination or expiry of these terms and conditions.
13.Delivery Web Pricing FREIGHT CHARGES - WITHIN AUSTRALIA
Delivery fees apply based on product weight and cubic size. This information can be supplied directly by us after you indicate which items you wish to order. Most shipping is arranged through TNT, for some pricing details please refer to the TNT website www.tnt.com.au.
All freight costs can be calculated by us and advised prior to, or at the time of ordering – in general a flat charge of $A19 (incl GST) is payable for freight, packing and handling but this may increase if you are outside of Capital Cities, or if the weight is over 10kg and/or the cubic dimensions are more than 10kg equivalent.
14.FREIGHT CHARGES - OUTSIDE AUSTRALIA
We do not generally offer delivery outside of Australia however a freight cost can be calculated and advised. TNT Terms of Delivery
TNT will attempt to deliver to the address nominated by you. Delivery is deemed to be effected when TNT receive a signed receipt or delivery docket confirming that the goods were received in good condition. Special Lights recommends that a work address is allocated to ensure that someone is available to sign for the delivery.
If that address is unattended, delivery is deemed to have occurred and TNT may leave the goods at that address unattended.
TNT will not in any circumstances deliver goods to a post office box.
Please advise if you require your items to be sent by post so we can calculate the postage charges and we will advise if the postage and handling charges are in excess of $A19 (incl GST)
Risk in the goods passes to you when the goods leave our warehouse. TNT allows you to elect to have the goods insured against loss in transit at your cost - otherwise loss of goods in transit is at your own risk. This is subject to and does not limit any rights you might have against any party in relation to the carriage of the goods, such as any rights against the carrier. If you require insurance we can calculate and advise the premium prior to, or at the time of ordering.
All claims for damaged or missing goods in transit must be filed with the carrier concerned. This does not in any way limit any rights you may otherwise have - eg against us under a warranty claim.
All goods that are in stock are dispatched promptly, usually within 10 business days. Goods out of stock are advised and if you then so request they are then back ordered and sent later. Back order prices are firm for 30 days from the date of order. All back orders are dispatched as soon as we receive the goods from our suppliers. When we send a copy of your order back to you, the estimated delay times will be quoted. Because this information is given to us by our suppliers, we cannot guarantee its accuracy. Freight is charged separately on each and every back order delivery.