Terms & Conditions
Lighting Plus Terms and Conditions – 22 July 2020
1. Acceptance of Terms and Conditions
a. Lighting Plus Limited (“LightingPlus”) is the company owning the retail product stores and websites operating as “Lighting Plus” and variations of that name.The terminology LightingPlus may be used interchangeably throughout these Terms and Conditions to describe either the company or the Services.
b. These Terms and Conditions are the terms on which LightingPlus offers you access to, and use of, the Services, Website, technologies, applications, and Platforms, and sells you products through the Website. By registering as a Website User, and using the Website, you accept these Terms and Conditions and confirm that you understand them. If you do not accept these Terms and Conditions, you must refrain from accessing or using the Website.
c. On your creating an Account, a legally binding Agreement is formed between you and LightingPlus based on these Terms and Conditions, and that Agreement governs your use of any of the Website. These Terms and Conditions, any policies referred to in it, and any Orders you place, are deemed to be together the Agreement detailing your relationship with LightingPlus.
d. Any reference to the singular also means a reference to the plural, and vice versa.
2. Amendment of Terms and Conditions
a. LightingPlus may amend these Terms and Conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Terms and Conditions to the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions whenever you place an Order, as the Terms and Conditions displayed on the Website when the Order is placed will be the Terms and Conditions that apply to that Order.
b. Your continued use of the Website represents your acceptance of the Terms and Conditions as amended and then in place at each time you use the Website.
3. Additional Terms and Conditions and Policies
4. These Terms and Conditions were last updated at the date shown at the top of these Terms and Conditions.
a. In these Terms and Conditions, the following expressions have the meanings as set out below:
i. “Account” means any account you may create on the Website;
ii. “Item” means goods that may be bought through the Website;
i.“Services” means any one or more of the Services offered by LightingPlus or LightingPlus’s wholly or majority owned subsidiaries, from time to time, including, but not limited to, online trade, electronic alerts, email alerts and any other service that LightingPlus may offer at any point;
ii.“We”, “Us” and “Our” are a reference to LightingPlus;
iii.“Website” means any LightingPlus website through which the Items are offered. In addition it also includes any other method of placing an Order for Items over the Internet, even if accessed through another method that does not utilise the WorldWideWeb or a site on the WorldWideWeb but instead uses another method include, but not limited to, an application or a social media platform;
iv.“Website User” means a party who uses of the Website, whether registered or not;
v.“Working Day” means any day in Auckland New Zealand that is not a Saturday, Sunday, Public Holiday, or falls on or between 25 December and 5 January.
vi.“You” and “Your” are a reference to you;
a.You expressly understand and agree that:
i. Your use of the Website is at your sole risk. The Website is provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting this clause, LightingPlus disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
ii. LightingPlus does not warrant that:
- any Service provided will be uninterrupted, timely, secure, or error free, or
- that any information provided on the Website is error-free. LightingPlus will use its reasonable endeavours to ensure that it is error-free;
iii. by using the Website you agreeing to these Terms and Conditions, and these will apply to every Order you place or Service you use, even if you do not create an Account;
iv. no advice or information that is obtained by you from LightingPlus or anyone else shall create any warranty by LightingPlus that is not expressly stated in the Terms and Conditions; and
v. while LightingPlus has systems in place to reduce the risk of credit card fraud, LightingPlus is not responsible for protecting Website Users from credit card fraud.
3.No Tolerance Policy
a. Lightingplus has a no tolerance policy regarding fraud and fraudulent behaviour.
b. We will report credit card fraud to the relevant authorities for any Order or attempted Order where we believe a user is attempting to commit a crime. By using the Website and placing an order, you agree and acknowledge that we may provide details of your order to the relevant authorities if we believe, at our sole discretion, that a crime is being committed.
GENERAL CONDITIONS OF USE
4.The Items and Services
a. LightingPlus provides the sale of lights, lighting fixtures, bulbs, and related goods (the Items).
b. LightingPlus may, from time to time, also offer Services. These will typically be subservient to the sale of the Items, and typically either related to the sale, delivery and/or installation of the items, or related to the operation of the Website.
c. Unless clearly stated otherwise, no Service is included or guaranteed with any Item purchased from LightingPlus. Services may only be provided at a cost to the Website User.
a. All amounts are in New Zealand dollars unless otherwise stated.
b. All amounts shown on the Website for consumer Orders are inclusive of GST unless otherwise stated.
c. Trade prices, for those accessing the Website via a trade Account, are shown excluding GST.
d. No interest or other financial charges will be applied, unless otherwise stated in these Terms and Conditions.
6. Consumer Guarantees Act 1993 and Fair Trading Act 1986
a. You agree that, if you are not a consumer as defined in the Consumer Guarantees Act 1993, that it is fair and reasonable that the provisions of the Consumer Guarantees Act 1993 do not apply.
b. You agree that sections 9, 11, 12A, and 13 of the Fair Trading Act 1986 do not apply to any sale from the Website.
a. LightingPlus will retain all risk on any Item that is Ordered through the Website while the Item remains in LightingPlus’s possession.
b. You agree and acknowledge that you will assume all risk, as far as permitted by law, when the Item is either collected from LightingPlus by yourself or by a third party, no matter whether the third party is arranged by LightingPlus or yourself.
8. Limitation of Liability
a. You agree that, to the maximum extent permitted by law, any and all liability and responsibility of LightingPlus to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, any Item, any Order, or your use of or inability to use the Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. LightingPlus’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
a. You agree to release, indemnify and keep LightingPlus (and LightingPlus’s employees) indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Terms and Conditions, or your failure to comply with legislation.
a. Without limiting any other rights and remedies available to LightingPlus, LightingPlus may limit your activities on the Website, suspend or terminate your Account, refuse to supply any Service, or refuse to supply any Item from any Order if you breach these Terms and Conditions or if LightingPlus considers it is appropriate to do so.
b. You agree that LightingPlus’s decision on any such decision made under clause 14a is final and is at the sole discretion of LightingPlus. LightingPlus are not required to provide you with any reason as to why such action was taken. You will be refunded for any Item which you have paid for but which LightingPlus does not supply under this clause. You agree that, in such a situation, LightingPlus will not be required to pay interest or to compensate for any damage, loss, cost, or any other financial impediment that LightingPlus’s decision may cause to you or any other party.
a. All Gift Cards expires 12 months from the date of issue. Gift Cards must be redeemed before expiry date. They will be void and may not be redeemed after the expiry date.
b. Gift Cards should be treated carefully. Defaced, mutilated, altered, lost or stolen cards will not be replaced, refunded or redeemed.
c. Gift Cards are only redeemable for products at participating stores within the country of purchase only.
d. Gift Cards are not redeemable for cash, have no cash value, and cannot be used for payment of credit or trade accounts.
e. Gift Cards cannot be reloaded.
f. The balance of a Gift Card does not have to be used all at one. Gift Cards are partially redeemable, with the remaining balance usable at any time before the Gift Card expires. However, cash will not be given for any unused balance. Any unused balance on expiry of the Gift Card will not be refunded or credited.
g. Purchases exceeding available Gift Card balance require difference paid by another method.
h. Gift Cards are redeemable in store only. They cannot at present be used on the Website.
i. These Terms and Conditions, related to Gift Cards, may be changed at any time, and we reserve the right to change them without notice. However, we will not enforce any new condition on an already issued Gift Card that we believe is detrimental to the Gift Card holder.
j. Gift cards purchased online are activated 7 days after we send them. If you do not receive your gift card before 7 days after ordering please contact us immediately.
12. Becoming a Website User
a. You are not required to create an account to use the Website. However, LightingPlus does recommend that You do, so that You can more easily track your Order history as well as providing additional security.
b. Any reference in these Terms and Conditions to Website User may mean someone who has created an Account on the Website, as well as someone who has not.
c. Creating an Account is free.
d. You may only register an Account if you are resident in New Zealand and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering an Account, you warrant that you can form a legally binding contract.
e. You must be located in New Zealand, with a shipping address located in New Zealand, if you want to purchase items on LightingPlus. People outside of New Zealand are not permitted to purchase items on LightingPlus even if the shipping address is within New Zealand.
13. Accuracy of Information
a. You warrant that you have provided complete, accurate, and current personal information when creating an Account and/or making an Order.
b. LightingPlus recommends that You maintain and update Your information held by LightingPlus on any Account You have with LightingPlus to ensure it is kept current at all times. LightingPlus may call or mail You to verify these details if it feels it has a reasonable need to do so.
c. You must not register multiple Accounts under multiple identities or personas (whether false or not) unless doing so is with the express written permission of LightingPlus or for the purposes of using LightingPlus for separate businesses of which You are an owner, partner or shareholder.
14. Securing Your Login Information
a. You are responsible for keeping your login information for any Account, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
i. not to permit any other person to use your Account; and
ii. not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your Account to the extent that the information given may allow them to gain access to your Account.
15. Emails, Newsletters, Messages and Notifications
a. LightingPlus may send you emails or other electronic messages relating to your Account, Orders and other activities on the Website, and for promoting and marketing other LightingPlus Items and Services to you. LightingPlus may also send regular electronic newsletters to Account holders. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
b. Such notifications may be are necessary for LightingPlus to provide the Services. While LightingPlus will comply with the Unsolicited Electronic Messages Act 2007, any messages that must be sent to facilitate an Order of which you are a party will be sent, even if you have unsubscribed from communications, as these are not considered as a commercial electronic message as per s6(b)(ii) and s6(b)(iv) of that Act.
16. Termination of Account
a. LightingPlus reserves the right to decline to register or to terminate your Account without entering into further discussions with you. Without limiting the foregoing, LightingPlus may terminate your Account if:
i. if You breach any LightingPlus’s Terms and Conditions or policies;
ii. if LightingPlus believes, in its sole discretion, that Your having access to an Account may lead to LightingPlus’s financial detriment;
iii. if You access, or attempt to access, the Account of another member; or
iv. if LightingPlus, at its sole discretion, deems Your behaviour towards LightingPlus, its staff or agents, to be unacceptable.
b. Website Users who have registered multiple Accounts may have some or all of their Accounts disabled at the sole discretion of LightingPlus.
c. When limiting your activities on the Website, LightingPlus may consider offsite conduct such as prior criminal convictions, insolvency, harassment to LightingPlus staff or agents, or any other conduct that LightingPlus’s community, goodwill or systems at risk. In the event of termination, you also agree that you will not open or attempt to open any new LightingPlus Accounts.
d. Any Account holder may at any time close their LightingPlus Account. If you close your Account, or if it is terminated by LightingPlus, your ability to use the LightingPlus Website will end. If you decide to terminate your LightingPlus account, please contact us.
17. Code of Conduct for Website Users
a. All transactions, communications and dealings made through LightingPlus shall be made in good faith.
b. You must not damage, interfere with, or harm the Website, or Services, any network, or underlying system connected to such, or attempt to do so.
c. You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
d. You must not engage in or promote retaliatory behaviour or spam other Website Users.
e. You are responsible for any actions taken through your Account. LightingPlus Accounts are not transferable and therefore cannot be sold, leased, lent or traded.
f. You agree that you will not deceive, mislead or attempt to deceive or mislead LightingPlus.
18. System Integrity
a. LightingPlus will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, LightingPlus takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Website or Services being unavailable. Furthermore, LightingPlus assumes no responsibility for the corruption of any data or information held by LightingPlus.
i. Either party may write to the other party to give them notice of the dispute (“Dispute Notice”). Both parties agree to use their reasonable endeavours, acting with good faith, to resolve the dispute.
ii. If the dispute is not resolved within 21 working days of the Dispute Notice, either payment may initiate mediation by informing the other party in writing (“Mediation Notice”).
iii. If the parties have not agreed on a mediator within 10 working days of the Mediation Notice, or if the Parties agree that a mediator cannot be agreed to, either party may ask the Chairperson of the New Zealand Law Society to nominate an Auckland, New Zealand based mediator for the purpose of the dispute.
iv. Unless the Parties otherwise agree, any mediation will take place in Auckland, New Zealand.
v. The proceedings will then continue, with both Parties agreeing to work with the mediator to resolve the dispute, but with all discussions to be on a “without prejudice” basis.
vi. The mediator’s costs will be allocated by the mediator in whatever proportion they believe is fair based on the dispute.
vii. If the dispute is not resolved within 30 working days of the Mediator being appointed, either party may then commence court proceedings.
b. Nothing in clause 23a above will prevent either party from seeking injunctive relief from an appropriate court, where failure to do so would result in irreparable damage to the party concerned.
20. Force Majeure
a. LightingPlus has no liability for any lack of performance, unavailability or failure of the Website or Services, or for any failure of LightingPlus to comply with these Terms and Conditions where the same arises from any cause reasonably beyond the control of LightingPlus including, but not limited to, a pandemic.
21. No Waiver of Rights
a. If LightingPlus do not exercise or enforce any right available to us under these Terms and Conditions, it does not constitute a waiver of those rights or LightingPlus’s right to act with respect to subsequent or similar breaches.
22. Partial Invalidity
a. If any provision of these Terms and Conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms and Conditions, which shall continue in full force and effect.
23. Governing Law
a. These Terms and Conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. You agree that any action must be initiated in a court in Auckland.
24. Intellectual Property Rights
a. LightingPlus (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons, video and sound recordings) and the software and other material underlying and forming part of the Services and the Website.
b. You may not, without LightingPlus’s prior written permission, in any form or by any means:
- Adapt, reproduce, copy, sell, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of the Website.
25. Entire Agreement
a. These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between the Parties relating to the subject matter of these Terms and Conditions.