Terms of Use

Last updated: 31/08/2020

This website at www.lumierelighting.com.au is operated by Lumiere Lighting, PO BOX 3878, Australia Fair, Queensland, 4215, Australia (“we”, “us” and “our”).

1. Terms and Conditions

(a) Please read these terms and conditions carefully as they apply to your use of this Website. By accessing or using this Website you agree to be bound by these Website Terms.

(b) We may revise these Website Terms from time to time. We will include a notice on this Website alerting you when any such revisions have been made.

2. Australian Customers

This Website is only intended for use by customers in Australia.

3. Sale Terms

These Website Terms apply to your use of this Website. Your purchase of any products from this Website is subject to our Sale Terms. To view our full sales terms please see HERE.

3a. Terms and Conditions

(a) Please read these terms and conditions (Website Terms) carefully as they apply to your use of this Website. By accessing or using this Website you agree to be bound by these Website Terms.

(b) We may revise these Website Terms from time to time. We will include a notice on this Website alerting you when any such revisions have been made.

3b. Ordering Procedure

(a) When you place an order to purchase a Product via this Website, you are making an offer to us. No contract for the purchase of a Product will come into existence until we have processed and accepted your order.

(b) Because our online ordering system automatically processes orders received, you cannot modify or cancel your order once it is received in our system.

3c. Cancellation of Orders

(a) We may cancel an order that we have already accepted if we suspect that you are acting fraudulently (such as using a credit card without proper authorization) or in breach of these Sale Terms.

(b) While we endeavor to avoid pricing and other errors, inadvertent errors do occur from time to time and we may also cancel an order that has been accepted in such circumstances.

3d. Payment

(a) When you purchase a Product you agree to pay the purchase price specified on this Website at the time of purchase, and any applicable shipping and insurance charges based on the shipping options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Shipping and any insurance charges will be separately shown.

(b) If the goods are being delivered outside of Australia, you must pay any other sales, use, goods and services, value added, customs, excise or similar taxes or charges (Other Taxes) imposed by any applicable government agency. We are unable to advise you on the amount of any Other Taxes, and you should contact the taxing authorities of the country that the Products are to be shipped to if you are unsure whether any Other Taxes will apply.

(c) You will be required to pay for the Product online by credit card, Afterpay, Zipmoney or PayPal account or any other payment service that is provided on the site. We will process the transaction upon receipt of your order. The credit cards that are accepted will be described on this Website.

3e. Delivery

(a) We will normally ship Products within 1 Business Day of acceptance of your order, unless otherwise noted in the Product description. Any delivery times displayed on this Website are estimates only.

(b) We will deliver the Product to the place of delivery you specify when making your order. Title to and risk in the Product will pass to you upon delivery of the Product to this place of delivery.

4. Intellectual Property Rights

4.1 License to use the content on this Website

(a) You acknowledge that this Website and all related content is protected by laws relating to copyright, trade marks and possibly other intellectual property rights (Intellectual Property Rights).

(b) We grant you a limited, non-transferable licence to access and use this Website solely for your personal, non-commercial purposes.

(c) We (or our licencors) retain all right, title, and interest in and to this Website and all related content, and nothing you do on or in relation to this Website or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.

(d) Except as provided in these Website Terms, permission to reprint or electronically reproduce this Website 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 if you wish to obtain such consent.

(e) Subject to 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 this Website without notice.

4.2 License to use your letters, questions, comments and photos

(a) Where you do not wish the licence in this clause 4.2 to apply to any letter, question or comment you submit to us, you must prominently notify us of this as part of such letter, question or comment (and if you do so, this clause 4.2 will not apply to that letter, question or comment).

(b) Subject to paragraph (a), you grant to us at no cost a perpetual, irrevocable, royalty free and non-exclusive right (including a right of sublicence) to use, copy, modify, translate, publish and communicate any letters, questions or comments that you submit to us (whether in hard-copy or electronic form), with or without attribution. If we modify any such letter, question or comment in a manner that is material, we will ensure that those modifications are not attributed to you.

(c) You represent and warrant to us that you have the authority to grant the rights referred to in paragraph (a), and that the content you submit will not violate any rights (including Intellectual Property Rights) of a third party.

5. General Restrictions

(a) You must not disclose to any other person any user name and password that we give to you. We will assume that any use of this Website made using that user name and password is you, and you will be responsible for any such use, except where you have notified us under paragraph (b).

(b) You must notify us if you become aware of any improper use or disclosure of your user name and password, in which case we will allocate a new user name and password to you.

(c) In using this Website, you must not:

(i) provide us with inaccurate or incomplete information;

(ii) violate any applicable laws (including by transmitting any defamatory, false, fraudulent, discriminatory, confidential or offensive information or by infringing any third party Intellectual Property Rights), or use this Website for any purpose that is unlawful, commercial or prohibited by these Website Terms;

(iii) impersonate any person;

(iv) distribute viruses, corrupt files, malware, or any other similar software or programs that may damage the operation of any computer hardware or software;

(v) collect or store personal data about other users of this Website;

(vi) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of this Website; or

(vii) engage in any other conduct that inhibits any other person from using or enjoying this Website.

6. Important Disclaimer

(a) On this Website, we present our ideas, perceptions and knowledge about the marketing, sale, and use of the products . The purpose of doing so is to present to consumers information and advice regarding their purchase. 

(b) The information provided by us, or this Website’s users, on this Website does not substitute for a consultation with a professional installer and should not be construed as professional advice.

(c) All of our products should be used as directed in the product instructions.

(e) We do not endorse the opinions of this Website’s users.

7. Liability

(a) Nothing in these Website Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

(b) Subject to paragraph (a), all other express or implied guarantees, warranties, representations, or other terms and conditions relating to these Website Terms or their subject matter, not contained in these Website Terms, are excluded to the maximum extent permitted by law.

(c) If any guarantee, warranty, term or condition is implied or imposed in relation to these Website Terms or their subject matter under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and we are able to limit our liability for a breach of the Non-Excludable Provision, we limit our liability for breach of the Non-Excludable Provision to one or more of the following at our option:

(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(d) Subject to our obligations under the Non-Excludable Provisions (including as described in paragraph (a) and to the maximum extent permitted by law:

(i) our maximum aggregate liability for all claims in connection with these Website Terms or their subject matter is limited to AUD$100. In calculating our aggregate liability under this paragraph (i), 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 any Non-Excludable Provision; and

(ii) we are not liable for, and no measure of damages will, under any circumstances, include special, indirect, consequential, incidental or punitive damages.

(e) The limitations and exclusions in paragraph (d) apply whether the relevant liability arises in contract, tort (including negligence), equity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

8. Variation of this Website

We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of this Website.

9. Our Links and Advertisements

We have not reviewed any of the sites linked to this Website, and are not responsible for the content or accuracy of any sites linked to this Website. The inclusion of any such link does not imply that we endorse the linked site.

10. Linking to this Website

(a) We encourage you to provide links to this Website. While you may use the name “Lumiere Lighting” or “Lumiere” in the text of any such link, you may not use the Lumiere Lighting logo or any of our other trade marks without our prior written consent.

(b) You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.

(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.

11. Privacy Policy

In using this Website, you may give us personal information. By using this Website, you grant us consent to use your personal information in accordance with our Privacy Policy, which forms a part of these Website Terms. Please click here to view our Privacy Policy.

12. General

(a) Neither party will be liable for any delay in performing any of its obligations under these Website Terms if such delay is caused by circumstances beyond the reasonable control of that party.

(b) If any part of these Website Terms 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.

(c) These Website Terms are governed by the laws of Queensland, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia and of the Commonwealth of Australia.

(d) These Website Terms constitute the entire agreement between us and you in relation to this Website and supersede all other (prior or contemporaneous) communications whether electronic, oral, or written, between us and you in relation to this Website.

(e) Your use of this Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of this Website, including sending you electronic notices.

(f) The provisions of these Website Terms which by their nature survive termination or expiry of these Website Terms will survive termination or expiry of these Website Terms.

(g) The term “including” when used in these Website Terms is not a term of limitation.

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