General Terms & Conditions
These Terms & Conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of products from modernlights.com.au.
Please read the following Terms & Conditions carefully before placing your order. These Terms & Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
Terms & Conditions
These Terms & Conditions constitute a contract between the customer (you) and Modern Lights.
In these Terms & Conditions, we, our or us means Modern Lights; and you or your means the person who accepts these Terms & Conditions, by using this Website and associated software, networks and processes, including the purchase of products or services through the Website.
By browsing the Website, or placing an order, you agree to these Terms & Conditions as set out below, which constitutes a legally binding agreement between us and you for the supply of products.
The agreement together with your order constitute the entire agreement between us and you for the supply of products. The agreement cannot be varied unless we agree to vary it in writing or by email.
- Legal Capacity
If you are under the age of eighteen (18) years, you cannot place orders with Modern Lights. By accepting this agreement, you acknowledge that you are over the age of eighteen (18) years.
- Website Use
The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Website.
Prices displayed on the Website are subject to change without notice. Once an order has been accepted by us and a Purchase Contract formed under clause 6, the price of the product cannot be varied except:
- by agreement between you and us in writing or by email; or
- in accordance with clause 7.4.
All prices listed on the Website exclude delivery costs. This is shown separately on the order.
- Product Specifications
Features and specifications of products described or depicted on the Website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a product once an order has been accepted by us and a Purchase Contract formed under clause 6.
All weights and dimensions of products described in the Website are approximate. All screens are measured diagonally and all screen images contained on the Website are simulated unless otherwise indicated.
You may place an order by following the instructions on the Website. By placing an order, you make offer to enter into an agreement to purchase the product(s) the subject of your order (Purchase Contract).
Orders will be deemed to have been received by Modern Lights at the time Modern Lights sends an order confirmation to your nominated e-mail address.
Modern Lights is an online business and will primarily communicate with customers via e-mail. It is the customer's responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
Modern Lights reserves the right to decline to enter into a Purchase Contract with you and may cancel your order at any time prior to dispatch of the product(s).
In the event of a cancelled order not dispatched, funds paid in relation to that order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
Modern Lights does not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.
Modern Lights shall not be liable for any delay in performing any of its obligations under this agreement if such delay is caused by circumstances beyond the reasonable control of Modern Lights (or its affiliates), and Modern Lights shall be entitled to a reasonable extension of time for the performance of such obligations.
Where you have provided an incorrect or incomplete delivery address for your order, we may charge a redelivery fee for each subsequent delivery attempt.
You may provide your nominated credit card during the purchase process described on the Website.
Payment for orders will be processed immediately upon confirmation of your order.
If your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your order has passed our fraud prevention protocols your order will not be fulfilled. If you do not provide the requested information within up to 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
Despite our best efforts, on occasion it may be possible that a small number of the products in our range may be incorrectly priced on the Website. If we have made a mistake and a product's correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than the stated price on the Website, we will charge the lower amount and send you the product, or where the higher incorrect price has been charged, We will refund the price difference and send you the product.
- Delivery and Ownership of the Goods
We will try to ensure that all products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Modern Lights does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by Modern Lights. Where scheduled dispatch of a product is delayed by more than one week, customers will be notified by e-mail via the e-mail address nominated in their order. Customers are permitted to cancel their order and receive a refund or store credit at any time prior to dispatch of the product(s).
Modern Lights will not deliver products to PO Box address’.
Where a customer gives written authority for products to be delivered without a signature, any and all included insurance cover will be voided.
The couriers or postal services nominated by Modern Lights will deliver products during local business hours (9am to 5pm, Monday to Friday excluding public holidays).
Modern Lights is not responsible for the delivery times of products. Once products have been dispatched, it is the customers responsibility to liaise with the courier nominated by Modern Lights (as notified to the customer) in relation to date and time of delivery. Modern Lights shall not be liable for any inaccuracy of information provided to customers relating to the date and time of delivery.
Modern Lights reserves the right to not ship to remote or rural locations.
- Faulty or damaged goods
Modern Lights will repair, replace or refund faulty or damaged products in accordance with the Modern Lights Warranty Policy and your rights under the Australian Consumer Law.
- Refunds, Store Credit and Returns
Nothing in these Terms & Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
All refunds may take up to 10 business days to be processed.
Refunds are strictly limited to those available under clauses implied by statute.
The customer must comply with directions from staff to facilitate a return.
Returned products, under the Returns Policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning a product due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the product without its original packaging.
Subject to clause 10.8, it is the customer's responsibility to ensure that returned items are returned safely. We take no responsibility for products lost in transit.
Where you are returning a product to us because of our failure to comply with a consumer guarantee, you must return the product to us at your cost unless the product cannot be returned, removed or transported without significant cost to you because of:
- the nature of our failure to comply with the consumer guarantee; or
- the size or height, or method of attachment, of the product.
Where you are returning a product to us, we take no responsibility for a product lost in transit.
Each product sold on the Website is covered for a minimum period as outlined in the Modern Lights Warranty Policy.
Extended care is available for purchase for some products, as listed on the Website. They may be purchased up to 14 days after delivery of your products.
We will carry spare parts for each product for a reasonable period, with the minimum period of cover as advised in the Modern Lights Warranty Policy. Modern Lights reserves the right to refuse to supply spare parts where it considers the request to be outside a reasonable period and limited stock is available.
Nothing in these Terms & Conditions excludes the application of statutory conditions, warranties and guarantees.
To the extent permitted by law we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and our maximum aggregate liability for any product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.
For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for our failure to comply with a guarantee under the Australian Consumer Law.
- Intellectual Property
All Intellectual property in any material on the Website is the property of Modern Lights. Unless expressly authorised under these Terms & Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any material or any part of any material.
- Gift Vouchers
Gift Vouchers & eVouchers have a validity of 12 months from the date of purchase, unless otherwise specified at the time of issue in writing.
Gift Vouchers & eVouchers may be redeemed by entering the voucher code into the Gift Card field at checkout. Gift cards will not be refunded.
Title and risk in the Modern Lights products pass to you at the point of dispatch or embarkation by Modern Lights to your courier.
Modern Lights reserves the right to make changes to the Modern Lights Website and these Terms & Conditions without notice. For the avoidance of doubt, any such changes will operate prospectively from the time that the revised Terms & Conditions are published on the website and will not impact any Purchase Contracts entered into prior to the date of the publication of the revised Terms & Conditions.
Any provision of these Terms & Conditions which is void or unenforceable may be severed from these Terms & Conditions without affecting the enforceability of other provisions.
A failure or delay by Modern Lights to exercise a power or right under these Terms & Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by Modern Lights does not preclude its future ability to exercise that or any other power or right.
Insofar as they apply to the ordering, purchase, fulfilment and delivery of Modern Lights products from modernlights.com.au, these Modern Lights product Terms & Conditions and General Terms & Conditions are governed by and must be construed according to the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.
No Modern Lights employee or agent has the authority to vary any of the Terms & Conditions governing any sale.