Terms & Conditions - OZ Lamps
1. Terms and conditions of website use
Please read these terms and conditions carefully before you start to use OZlamps.com.au website (“the site”). By using the site, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using the site.
2. General
2.1 These terms and conditions ("Terms and Conditions") apply tothe OZLamps.com.au website (the "Site"). This Site is operated by OZ Lamps (referred to as we/our/us"). These terms apply to you as a user/visitor of this website (referred to as "you/your"), you acknowledge that interacting in any way with this website including any transactions you make is subject to our terms and conditions below.
2.2 We reserve the right, change these terms and conditions at any time. Changes will be effective when posted on the Site with no other notice provided.
2.3 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued by OZ Lamps in its website shall be subject to correction without any liability on the part of OZ Lamps.
3. Order Processing
3.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
3.2 Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
3.3 You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
3.4 You agree to provide us with current, complete and accurate details when asked to do so by the site.
3.5 We file details of your order for you to subsequently access directly on this website via the Member Centre area.
3.6 Order acceptance and completion of the contract between the buyer and OZ Lamps will only be completed upon OZ Lamps dispatched the goods to the buyer.
3.7 You may only use one discount at a time during the order process.
4. Pricing
4.1 The price of the Goods and/or Services shall be the price stated in OZ Lamps website at the time which the buyer makes its offer purchase to OZ Lamps. All prices are shown in AUD which goods and services tax included, but excludes delivery charges and and Paypal or Credit Card surcharge, which the buyer shall be liable to pay to OZ Lamps in addition to the price.
4.2 We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
5. Delivery
5.1 Delivery charges and estimated timescales are specified in the Delivery Policy section and also when you place an order. Any dates quoted for delivery of the Goods are approximate only.
5.2 We make every effort to deliver products within the estimated timescales. However, delays are occasionally inevitable due to unforeseen factors. We shall not be liable for any delay or failure to deliver the products within estimated timescales.
5.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
5.4 For multiple orders being sent to the same person at the same address, we reserve the right to combine orders into one shipment.
6. Payment
6.1 PayPal or Credit Card is available for all buyers. The Buyer shall be entitled to make payment for the Goods pursuant to the various payment methods set out in Payment Policy in OZ Lamps website. The terms and conditions applicable to each type of payment, as contained in OZ Lamps website, shall be applicable to the Contract.
6.2 When the Buyer places an order and checkout with PayPal on the OZ Lamps website, the transaction is handled by PayPal. We do not store any credit card information for customer.
6.3 When the Buyer places an order and pay with credit card on the OZ Lamps website, the transaction is handled by Commonwealth Bank of Australia. We do not store any credit card information for customer.
6.4 When entering into a Credit Card transaction with PayPal for the purchase of Goods, “OZ Lamps” would be shown as the selling merchant on the Buyer’s Credit Card statement.
6.5 There are the occasional chances that an order of the exact product may be placed minutes before yours. You will be notifying as soon as possible if that happens and a full refund can be given if you do not wish to wait for the backorder.
6.6 While we try and ensure that all prices on our website are accurate and errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you wish to cancel and you have already paid for the goods, you will receive a full refund. Payment can be made by the method specified in Payment Policy. Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
6.7 If you are a School/Corporation/Government customer which we have agreed that you may obtain products from us on a deferred payment basis, then we will invoice you for the products you have ordered. Once you receive the products, you must pay us the invoiced full amount in 3 business days in accordance with these terms and conditions.
6.8 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
7. Returns, Cancellations and Substitutions
7.1 In the unlikely event that you receive faulty or damaged goods, please refer to our Returns Policy.
7.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative.
7.3 We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. Where applicable, you may cancel your order in accordance with your consumer rights.
7.4 If you have used a gift card as part of your payment or wholly as payment, you will receive the gift card amount back as another gift card or store credit, should you return an item. Gift cards are not redeemable for cash under any circumstances.
8. Warranty
8.1 OZ Lamps binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of OZ Lamps opinion in that behalf. OZ Lamps does not give any warranty as to the quality state condition of the Goods.
8.2 OZ Lamps shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of OZ Lamps, addition and insertion of parts, in particular of spare parts which do not come from OZ Lamps.
8.3 OZ Lamps shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electrical/electronic/electric influences, failure to follow OZ Lamps’ instructions (whether oral or in writing) misuse or alteration or repair of the Goods without OZ Lamps’ approval.
8.4 OZ Lamps is not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out.
8.5 OZ Lamps shall be under no liability under the warranty, if the total price for the Goods has not been paid in cleared funds by the due date for payment.
8.6 OZ Lamps shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.
8.7 Lamp life is not a guaranteed life for all lamps. Lamp life will vary considerably depending on the usage environment and conditions, and whether regular maintenance such as cleaning is performed.
9.Liability
9.1 OZ Lamps is not under any liability of any kind for any loss or damage from action taken in reliance on material or information contained on the site. OZ Lamps use reasonable care to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or regarding the contents will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
9.2 OZ Lamps will not be liable for any, but is not limited to
- Economic losses; or
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Loss of goodwill or reputation; or
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Special or indirect losses
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Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
9.3 OZ Lamps’ maximum and cumulative total liability in respect of any and all claims for defective performance, breach of contract, compensation, indemnity, tort, misrepresentation, negligence at law or equity and any other damages or losses which may arise in connection with its performance or non-performance under the Contract, shall not exceed the total the total value of the goods delivered.
10. Intellectual Property
10.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Site, information content on the Site and all the website design, including but not limited to, text, graphics, pictures, video, and their selection and arrangement, and underlying source code shall remain at all times our property, unless otherwise specified.
10.2 The entire contents of the Site also are protected by copyright. All rights are reserved. You are permitted to use this material only as expressly authorised by us.