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Terms and Conditions

 

Website Terms of Use

 

Welcome and Acceptance

Welcome to our website. By accessing our website you are agreeing to comply with and be bound by the following terms of use (“Terms of Use”) which govern our relationship with you in relation to this website. If you do not agree to our Terms of Use, then you should not access our website or make a purchase on our website.

If you wish to acquire products or services from us through our website, you will also be required to accept our Terms and Conditions of Sale which are available to view on our website.

 

Interpretation

Unless the context otherwise requires:

 

  • the term “our”, “us” or “we” refers to CAFE Lighting Living Pty Ltd (ACN 627 200 042) trading as CAFE Lighting & Living, ABN 74 620 185 286
  • the term “you” or “your” refers to the user or viewer of our website             
  • words importing the singular include the plural and vice-versa
  • the word ‘includes’ or ‘including’ is not a word of limitation
  • no rule of construction applies to our disadvantage because we prepared these Terms of Use
  • headings are for convenience only and do not affect the interpretation of these Terms of Use
  • the term ‘person’ includes a company, association, partnership, joint venture and trust
  • all references to “$” or “Dollars” or “AUD” on our website refer to Australian Dollars

 

Use of Our Website

In respect of our website:

 

  • you agree to be bound by our privacy policy (if any) as found on our website
  • the content of our website is for your general information and use only and must be read subject to these Terms of Use
  • we do not publish, make, or authorise any offer or representation on this website and we do not represent that any goods or services displayed or advertised on this website will be available at the specified price, or at all
  • we do not provide any representation or warranty as to the accuracy, timeliness, performance, reliability, completeness or suitability of the information and materials found on our website and to the fullest extent permitted by law:
  • your use of such information or materials is entirely at your own risk
  • it is your own responsibility to ensure that any information, materials, products or services available on or through our website meet your specific requirements
  • we are not liable to you in respect of such information or materials
  • you acknowledge that information and materials on our website may contain inaccuracies or errors
  • photographs of goods on our website are for illustrative purposes only and may vary from the goods depicted or described
  • we may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. Your participation in any such activities is entirely at your own risk, and we do not accept any responsibility in connection with your participation in such activities
  • we do not provide any representation or warranty that our website or anything available for download is free from computer viruses, corruption or other damaging or disabling programs. You must take your own precautions to ensure that your access to our website does not expose you to viruses, malicious computer code or other forms of interference which may damage your computer system
  • unauthorised access or use of our website is prohibited (including hacking)
  • cookies may be used on our website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser)
  • you may not create a link to our website from another website or document without our prior written consent (which may be given or withheld in our absolute discretion)
  • if you are acquiring products or services from us through our website, you agree to only enter current, complete, proper and accurate information and we shall not be liable to you for any failure on your part to abide by this requirement
  • we may suspend the operation of part or all of our website for maintenance or upgrade purposes or for any other reason at any time
  • we may change the layout, content or any other aspect of our website at any time
  • you must not add to or alter or interfere with our website in any way including without limitation as to its use, operation, functionality, structure or presentation except for entering information expressly permitted by the functions we make available on our website and then only in accordance with our Terms of Use
  • we may impose limits or restrictions on your use of this website or terminate your access or use at any time in our absolute discretion and without prior notice
  • anything that you are permitted to enter must not breach any third party intellectual property rights or contain any computer viruses, corruption or other damaging or disabling programs and must not be defamatory, threatening, abusive, pornographic, scandalous, a breach of privacy or confidentiality, offensive, derogatory, unlawful or something that may cause harm or embarrassment to any person
  • you must not use it to engage in spamming or attempt to collect or retrieve any information, other than that information which we make available publicly, from it by any means whether electronic, manual or otherwise

 

Intellectual Property

 

Our website may contain information or material which is owned by or licensed to us including without limitation the design, layout, logos, trademarks, look, appearance and graphics. In addition, such information and material may be subject to copyright or other intellectual property rights.

 

All rights of the owner or licensor in respect of the foregoing are expressly reserved and to the fullest extent permitted by law, any reproduction in part or whole of same is prohibited, however, you are permitted to save a copy of any page of our website (where that function exists) or print off pages of our website for your own non-commercial, personal reference. You gain no intellectual property rights whatsoever in anything you save or print.

 

User Comments or Feedback

 

If you are able to enter a comment on our website:

 

  • these are the views of the party entering the information and are not to be taken as our views
  • we accept no responsibility or liability for such information
  • you agree not to enter anything that is defamatory, threatening, abusive, pornographic, scandalous, a breach of privacy or confidentiality, offensive, derogatory, unlawful or which may cause harm or embarrassment to any person
  • we reserve the right without notice at any time to review, remove or block any comment or restrict or block your access to make comments
  • you warrant the information you provide is not in breach of any third party intellectual property rights
  • you agree we may, subject to our privacy policy, use that information in any manner we see fit (this may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products)

 

Linked Sites and Disclaimer

 

Our website may contain links to websites owned, operated or controlled by third parties (“linked sites”). The linked sites are not under our control and we are not responsible for their content or availability or any further links contained within those linked sites.

 

We disclaim all liability, and you agree to hold us harmless from same, for any information, materials, products or services posted or advertised at or through any of the linked sites. Without limiting the foregoing:

  • by creating a link to a linked site, we do this only as a convenience but do not endorse or recommend any products or services posted or advertised or any information or material contained in that linked site
  • we are not liable to you for any failure of products or services posted or advertised in those linked sites or for any deficiency or incorrectness in any information or material contained in those linked sites
  • we do not warrant that linked sites will have the same or similar terms of use or privacy policy as we have or that the linked sites are as secure as our website or free from computer viruses, corruption or other damaging or disabling programs and we are not liable to you in respect of such matters

 

The access and/or use of linked sites is solely at your own risk.

 

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 entering 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

even if we or our representatives are advised of the possibility of such damages, losses or expenses.

 

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

 

Indemnity

 

You agree to indemnify us from and against all claims, demands, suits, proceedings, costs, losses, damages, expenses and all other liabilities (including without limitation legal costs on a full indemnity basis) suffered, paid or incurred by us arising from:

  • your use of this website;
  • any information that you provide via this website or any damage that you may cause to this website (including, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement); and
  • any breach by you of these Terms of Use or our privacy policy.

 

Inconsistency

 

If you acquire products or services from us through our website and accept our Terms and Conditions of Sale but there is an inconsistency between our Terms of Use and the Terms and Conditions of Sale, then the Terms and Conditions of Sale will prevail to the extent of the inconsistency.

 

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.

 

Severability

 

Any provision of our Terms of Use or privacy policy which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of our Terms of Use or privacy policy or affecting the validity or enforceability of that provision in any other jurisdiction.

 

  • Waivers

The failure to exercise or delay in exercising by any party of any right conferred by these Terms of Use or at law shall not operate as a waiver and the single or partial exercise of any right by that party shall not preclude any other or further exercise of that or any other right by that party.

 

Assignment

 

You cannot assign your rights or obligations under our Terms of Use or privacy policy.

 

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 comply with the laws of any country outside Australia.

 

Jurisdiction

 

You agree to submit to the jurisdiction of the courts of New South Wales, Australia and any Federal Courts of Australia in respect of any legal action or proceedings with respect to our Terms of Use or privacy policy.

  

Terms and Conditions of Sale

 

General

 

Your purchase of goods from this website is subject to these Terms and Conditions of Sale and the Terms of Use 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 make an offer to us via our website to purchase at the specified price, and should we accept your offer, we will sell the goods or services to you in accordance with these Terms and Conditions of Sale.

 

Interpretation

 

Unless the context otherwise requires:

 

  • the term “our”, “us” or “we” refers to CAFE Lighting Living Pty Ltd (ACN 627 200 042) trading as CAFE Lighting & Living, ABN 74 620 185 286
  • the term “you” or “your” refers to the user or viewer of our website
  • "Order" means an offer made by you in response to an invitation to treat made by us via our website
  • words importing the singular include the plural and vice-versa
  • the word ‘includes’ or ‘including’ is not a word of limitation
  • no rule of construction applies to our disadvantage because we prepared these Terms and Conditions of Sale
  • headings are for convenience only and do not affect the interpretation of these Terms and Conditions of Sale
  • the term ‘person’ includes a company, association, partnership, joint venture and trust
  • all references to “$” or “Dollars” or “AUD” on our website refer to Australian Dollars

 

Orders and Cancellations

 

We do not publish, make, or authorise any offer or representation on this website and we do not represent that any goods or services displayed or advertised on this website will be available at the specified price, or at all. The display and advertising of products for sale on our website is an invitation to treat and does not constitute an offer by us to sell the products to you at the specified price, or at all.

 

You may make an offer to us via our website to purchase goods at the specified price, subject to these Terms and Conditions of Sale.

 

A contract shall only be or be deemed to have been entered into between us and you 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 of Sale);
  • you make the relevant payment in full using an applicable payment method on the website (plus any applicable handling and delivery charges) 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 telephone or 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

 

Prices and Payments

 

Unless otherwise stated, all prices on our website are expressed in Australian Dollars and are exclusive of GST.  Delivery and handling charges may be charged separately and in addition to the quoted prices.

 

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. Where payment is made by credit card, merchant fees may apply.

 

Unless otherwise stated, any accessories shown in any images of products are not included in the price and are sold separately.

 

Supply and Delivery

 

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

 

When you complete your Order you will be prompted to select whether you wish to collect the goods from our store or have the goods delivered to your specified address. 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.

 

If you choose to collect your goods from our premises we require one hour’s notice for pick ups (within opening hours 8.30 to 3pm Monday to Friday). You must collect your goods within 14 days of receiving your order confirmation, otherwise storage fees may be applicable.

 

Title in and risk of the goods passes to you upon delivery or collection of the goods, as the case may be.

 

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. Deliveries and supplies at any time are subject to availability of stock and we will not be liable to you for any loss or damage of any kind due to product unavailability. 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 as a result 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.

 

We may suspend the supply or delivery of the goods or terminate a contract if you fail to comply with these Terms and Conditions of Sale.

 

Guests and Registered Users

 

You may access and/or use the website as a guest or member.

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

  • name
  • address
  • telephone number
  • valid email address (only one registration per email address)
  • nominated password (which must conform with our requirements concerning password security)
  • for wholesale customers, business name and registered ABN (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 keep your membership details current at all times 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.

 

Capacity

 

You must be at least eighteen (18) years’ old to register as a member or to purchase products on the website.

If you submit an Order and/or make a purchase on this website then you warrant to us that you:

  • are at least eighteen (18) years’ old;
  • accept these Terms and Conditions of Sale; and
  • agree that you have entered into a contract with us, and that these Terms and Conditions of Sale, together with the relevant Order, constitute the entire agreement between us and you in connection with the supply of the goods.

 

Limitation of Liability

 

To the fullest extent permitted by law:

  • all express and implied warranties, terms and conditions in relation to our obligations including those implied by use, trade, custom or otherwise are hereby excluded;
  • we do not warrant that the goods are suitable for any use or purpose;
  • we shall not be liable to the you for any consequential, special, incidental or other indirect loss or damage including loss of profit, loss of opportunity, business, revenue, goodwill or anticipated savings arising out of the performance, non-performance or defective performance of our obligations irrespective of whether or not we were made aware of the possibility of such loss or damage;
  • you must use your best endeavours to mitigate any loss or damage you suffer or incur;
  • we shall not be liable for any injury, illness or death of any person or damage to or loss of real or personal property arising from or relating to your use, possession or storage of the goods;
  • subject to all of the foregoing, our maximum liability to you whether under contract, in tort (including due to negligence) or otherwise is limited at our election to: repairing or replacing the goods, paying the costs of repairing or replacing the goods, or refunding the amounts paid by you under the relevant contract.

 

For clarity, where our liability under any provision of these Terms is expressed to be “to the fullest extent permitted by law”, then to the extent that such liability cannot be fully excluded, our maximum liability under such provisions is limited as set out in this clause. Nothing in these Terms and Conditions of Sale is intended to exclude, restrict or modify any of our statutory obligations that cannot be lawfully excluded, restricted or modified.

 

Indemnity

 

To the fullest extent permitted by law, you agree to indemnify us and keep us indemnified from and against all claims, demands, suits, actions, litigation, judgments, proceedings, losses, costs, damages, liabilities and expenses (including legal costs and disbursements on the higher of a solicitor/own client or full indemnity basis as well as any debt collection agency fees on a full indemnity basis) of whatever description that may be suffered, paid, incurred, instituted or defended by us, resulting from or arising out of:

  • any breach of these Terms and Conditions of Sale by you; and
  • any negligent or wilful act or omission by you.

 

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.

 

Force Majeure

 

If by reason of any fact, circumstance, matter or thing beyond our reasonable control (including but not limited to any electronic, mechanical, software, computer or telecommunications failure or interruption or any interruption to the electrical supply, electronic or bank payment system or postal service – “Force Majeure Event”) we are unable to perform in whole or in part any obligation under a contract between us and you, then we shall be relieved of that obligation to the extent and for the period that we are unable to perform and, to the fullest extent permitted by law, we shall not be liable to you for any loss or damage of any kind suffered by you arising out of such inability to perform.

 

Should a Force Majeure Event prevent, delay or hinder us directly or indirectly from performing our obligations under a contract, then, at our election, either the due date for delivery or supply of the goods shall be extended until the Force Majeure Event has ceased or we may cancel the contract. You shall not be entitled to cancel any contract due to any delay arising from a Force Majeure Event. To the fullest extent permitted by law, we shall not be liable for any loss or damage of any kind suffered by you due to the resultant delay or cancellation of a contract.

 

Amendments

 

We reserve the right to amend, vary or replace any of our Terms and Conditions of Sale or Terms of Use at any time without notice. Your continued use of this website following such amendment of these Terms of Use and/or Terms and Conditions of Sale represents an agreement by you to be bound by such terms as amended. We recommend you review the terms for amendments each time you use the website and before placing an Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments (to your nominated email address per your member registration) from us or a third party.

 

Severability

 

Any provision of these Terms and Conditions of Sale which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of that prohibition or unenforceability, without invalidating the remaining provisions of these terms or affecting the validity or enforceability of that provision in any other jurisdiction.

 

  • Waivers

The failure to exercise or delay in exercising by any party of any right conferred by these Terms and Conditions of Sale or at law shall not operate as a waiver and the single or partial exercise of any right by that party shall not preclude any other or further exercise of that or any other right by that party.

 

Assignment

 

You cannot assign any of your rights or obligations under an Order or contract.

 

We may sub-contract or assign any of our rights or obligations under a contract without requiring your consent.

 

Governing Law

 

These Terms and Conditions of Sale 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 comply with the laws of any country outside Australia.

 

Jurisdiction

 

You agree to submit to the jurisdiction of the courts of New South Wales, Australia and any Federal Courts of Australia in respect of any legal action or proceedings with respect to these Terms and Conditions of Sale.