Terms & Conditions

Welcome to the ELEMENT LIGHTING (ABN 45 141 775 957) website "elementlighting.com.au". The following document contains the Terms and Conditions that govern your use of this website. They describe your rights and responsibilities and what you can expect from ELEMENT LIGHTING. Please take a few minutes to review these Terms and Conditions. Your use of this web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use this web site.

ELEMENT LIGHTING reserves the right to add to, delete or change these terms because of frequent changes in Internet technology and applicable law. As such, you should check these terms and conditions from time to time for such changes.

 

Copyright

 

The name of ELEMENT LIGHTING & logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

 

Submissions

 

We welcome your comments regarding this web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, \"Comments\") sent to ELEMENT LIGHTING shall be and remain the exclusive property of ELEMENT LIGHTING. Your submission of any such Comments shall constitute an assignment to ELEMENT LIGHTING of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ELEMENT LIGHTING will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

 

Communication from ELEMENT LIGHTING

 

As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offers and alert emails, we will disable that functionality for your account. Each of these communications will contain a clear link to Unsubscribe. We assure you that once you have unsubscribed, we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you ask ELEMENT LIGHTING to re-subscribe later.

 

Images & Colours

 

We have done our best to display as accurately as possible the colours of the products shown on this web site. However, because the colours you see will depend on your monitor, we obviously cannot guarantee that the image you see on your computer screen or print out, is exactly how the item appear. We accept no responsibility should such inspection not be undertaken.

 

Correction of Errors and Inaccuracies; Limitations on Quantity

 

Whilst ELEMENT LIGHTING makes every reasonable effort to present accurate information on this web site, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order).

 

Indemnification

 

You must indemnify and hold ELEMENT LIGHTING and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the \"Parties\") harmless from any damage, loss, or expense (including without limitation, attorneys\' fees and costs) incurred in connection with any third-party claim, demand or action (\"Claim\") brought against any of the Parties alleging that you have breached any of these terms and conditions. If you have to indemnify ELEMENT LIGHTING under this Section, ELEMENT LIGHTING will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without ELEMENT LIGHTING.

 

Limitation of Liability

 

To the fullest extent permitted by law under no circumstances (including without limitation as a result of negligence) will we be liable for any damages, losses or expenses including without limitation direct, indirect, special, incidental, or consequential damages, losses or expenses or any damages, losses or expenses due to loss of data, income, profits, business or goodwill arising in connection with:

·         our website or access or use thereof or inability to access or use by you

·         any linked sites or access or use thereof or inability to access or use by you

·         any failure of performance, error, omission, interruption, defect, delay in operation or transmission of our website

·         any computer virus or corruption or other damaging or disabling programs being present on or affecting our website or anything available to download from our website

·         any fraudulent activity or unauthorised use of our website by any person

·         any line or system failure

·         any information or materials found on our website being inaccurate, untimely, unreliable, incomplete or unsuitable

·         any comments entered on our website

·         you enter non-current, incomplete, improper or inaccurate information on our website when acquiring products or services from us through our website

·         us enforcing or attempting to enforce or delaying in enforcing any of our rights

To the fullest extent permitted by law:

·         all implied warranties, terms and conditions including those implied by use, trade, custom or otherwise are hereby excluded

·         our liability under any warranty, term or condition which cannot be legally excluded is limited at our option to replacement or resupply of products or services or payment for same

·         any limitation of liability, disclaimers or indemnities given by you in our favour or which operate in our favour also extend in favour of our directors, officers and employees

·         where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms of Use will survive

 

Prices & payments

 

All references to “$” or “Dollars” or “AUD” on our website refer to Australian Dollars. Unless otherwise stated, all prices on our website are expressed in Australian Dollars and are exclusive of GST.

All prices on our website are subject to change without notice to you. We reserve the right to correct any errors in prices published on our website.

All payments must be made in full prior to delivery or collection of the goods. All payments made via the website will be subject to the terms and conditions of relevant third-party service providers.

 

Australian Consumer Law

 

If you acquire the goods from us as a “consumer” within the meaning of that term in the Australian Consumer Law, then the following applies:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

 

Amendments

 

We reserve the right to amend, vary or replace any of our Terms of Use or privacy policy at any time without notice. As such, it is your responsibility to return to this page before using our website in the future to check the Terms of Use and privacy policy applicable at that time. Your continued use of this website following such amendment of these Terms of Use will represent an agreement by you to be bound by the Terms of Use as amended.

 

Governing Law

 

Our Terms of Use and privacy policy are governed by, and you agree to submit to, the laws applicable in the State of New South Wales, Australia.

If you access this website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representation or warranty that the content of this website complies with the laws of any country outside Australia.

 

Purchase

 

Your purchase of goods from this website is subject to these Terms and Conditions which are available to view on our website. If you do not accept these Terms and Conditions of Sale, then you must not access our website or make a purchase on our website.

The goods and services described on this website are available for you to purchase at the specified price, we will sell the goods or services to you in accordance with these Terms and Conditions.

 

Orders and Cancellations

 

A contract shall only be or be deemed to have been entered into between you and us when:

·         you place an electronic Order on our website in accordance with the procedures on the website (including but not limited to clicking ‘I accept’ on these Terms and Conditions).

·         you make the relevant payment in full using an applicable payment method on the website and confirmation of that payment is received by our database; and

·         we accept the Order (which will be deemed to have occurred when the goods the subject of your Order are delivered to your specified delivery address or upon collection of your goods from our store).

You will receive an email from us as soon as practicable after you have confirmed your Order and made payment. If, however, your Order is not accepted by us or if we cannot supply the particular product the subject of the Order, then we will notify you by email and arrange for a full refund of any payment made by you.

We may refuse to accept an Order or cancel a contract at any time prior to delivery or collection of the goods, in our absolute discretion without having any liability to you apart from refunding any amounts already paid by you.  Without limiting the foregoing, we may reject an Order if there has been:

·         an error in the advertised price

·         a misdescription of the product on our website

·         an error in your Order.

Unless otherwise stated, you cannot cancel or revoke an Order or contract once it is made. You agree that we:

·         may act on and process all completed electronic instructions transmitted or issued by you through the website without further consent from or reference to you

·         may treat an electronic instruction as authentic and we are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions

 

Delivery / Shipping

 

Subject to our acceptance of your Order and your compliance with these Terms and Conditions, we will supply the goods to you as shown on your Order confirmation.

All orders will be dispatched from our Sydney warehouse within 48 hours from receipt of order where the customer account is in order.

We offer free shipping in Australia on all orders over $100. We recommend Authority to Leave (ATL) method, it reduces the likelihood of extra fees and charges. However, care should be taken to ensure that there is a suitable, safe & protected place for delivery and that there are no impediments to delivery (like a locked gate or a big dog). Additional fees and charges may apply for futile deliveries.

The delivery address must be an address within Australia and cannot be a PO Box.  Please ensure the delivery address stated on your order confirmation is correct. We shall not be liable for any loss or damage of any kind suffered by you due to any incorrect address details provided by you. We will also not be liable for any failure to deliver or delay in delivery of the goods caused by any third-party delivery contractor engaged by us.

Although we will use our reasonable endeavours to deliver and/or supply the goods by the due date specified in the Order, this time is not of the essence. To the fullest extent permitted by law, we shall not be liable to you for any loss or damage of any kind suffered or incurred by you because of our failure to deliver and/or supply the goods or for any delay in delivery and/or supply of the Goods. If we quote a time for delivery or supply, it is an estimate only. You will not be relieved of any obligation to accept or pay for the goods because of any delay in delivery or supply.

While we take great care to ensure your order is packed securely and dispatched with trusted delivery partners, we are not responsible for any damage caused by courier services during transit or upon delivery. Once your order has left our warehouse, the handling and delivery process is managed by the courier.

 

Registered user

 

ELEMENT LIGHTING do not sell directly to the public. Our range of light fittings and associated products is available through lighting retailers and throughout Australia.

Registered user registration is restricted to lighting retailers, electrical wholesalers, homewares, furniture and associated retailers. 

Only registered users are given access to see our wholesale prices and place online order through our website.

To become a registered user of this website, you must provide your:

·         Company name

·         Registered ABN

·         Full name

·         Business address

·         Telephone number

·         Valid email address (only one registration per email address)

·         Nominated password (which must conform with our requirements concerning password security)

This is required before a purchase can be made on our wholesale website.

In registering as a member, you warrant that the information you have provided is accurate and complete. You indemnify us against any loss or damage arising from the information you supplied being inaccurate or incomplete. You agree to always keep your membership details current by updating your account details (where necessary) via the website.

You must not use another members’ account without permission.

You must keep your password secure as you are solely responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.

We reserve the right to terminate your account without notice for any reason whatsoever including, without limitation, if you breach these terms.

 

Damaged / Faulty products

 

The customer must inspect the Products on delivery and notify us within 14 days of delivery. For claims, contact "sales@elementlighting.com.au" with invoice number, invoice date, details description & images of the issue

Our products require installation by a qualified electrical contractor, under no circumstances should those items be installed by an unqualified person. No claim will be recognised in this circumstance.

Faulty or defective products will not be repaired or replaced by us that are a result of

·         Misuse, accident, neglect, tampering, modifications or unauthorised repairs.

·         Water damage of any kind caused by inappropriate placement of fitting not IP rated for that location.

·         The product not performing to your expectation, but it does perform to its published features and specifications.

 

Warranty / Guarantee

 

ELEMENT LIGHTING offers 2-Years replacement warranty from date of purchase. If a product develops a fault within its warranty period, you may be entitled to replacement parts or a replacement product. This warranty is for our products used only within Australia. If a fitting requires installation, the warranty only applies if it is installed by a licensed electrical contractor. This warranty does not cover installation or removal costs or any transport costs associated with returning product.

For warranty claims, contact "support@elementlighting.com.au" with invoice number, invoice date, details description & images of the issue

 

Change-of-mind returns

 

We do not accept returns on Change-of-mind. You may request a return within 30 days of receiving your order & 30% restocking fee applies (unless an item is faulty or damaged). The item must be unused, uninstalled, unmodified, and returned in its original packaging with all accessories so it can be resold. Customers are responsible for arranging and paying all return freight charges. Once your return is approved, the item(s) must arrive at our warehouse within 10 days of approval Refunds are issued to the original payment method. Processing times may vary by provider.