Last Updated: 18 February 2025

1. Overview

a) The Lightelier website, located at www.lightelier.co (Website), is owned, controlled and operated by Lightelier Pty Ltd (ABN 13 677 566 568) (Lightelier, we, our, and/or us).

b) As a condition of using our Website, you agree to the following terms and conditions (Terms) and to be legally bound by these Terms.

c) If you do not agree with the Terms, you should stop using the Website.

d) Lightelier has the right to vary the Terms at any time and without notice to you, including to correct errors and inaccuracies. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.

e) We reserve the right to withdraw any product from the Website at any time and without reason.

2. Pricing & Ordering

a) Product prices and shipping fees (if applicable) are specified on the Website. We reserve the right to change product and shipping pricing at our discretion and without notice.

b) Unless otherwise stated, all prices are in Australian Dollars.  GST (as that term is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) is added to the order total for all shipments within Australia.

c) By placing an order via the Website (Order), you are offering to purchase the products on and subject to these Terms.

d) While we try our best to fulfil all Orders, you agree that we have the right to accept, reject or cancel an Order for any reason at any time, and all Orders are subject to availability of the relevant products. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order.

e) An Order confirmation will be sent to you in acknowledgement of receipt of your Order. This document supersedes all prior correspondence in relation to the Order (verbal, written, graphic or otherwise). Any changes to the Order may only be made with our approval.

f) While we endeavour to display accurate stock levels and lead times on the Website, these stock levels and lead times are estimates only and subject to change.

g) You can purchase products on our Website using a valid credit card, debit card, or via bank transfer. Credit and debit card payments are processed through Stripe, a third-party payment processor, and we do not collect or store your card details. Any applicable card fees or surcharges are your responsibility. If you choose to pay by bank transfer, we will send an invoice to the email address provided by you upon checkout for payment.  Your Order will not be fulfilled until we receive full and cleared payment for the Order.

h) It is your responsibility to ensure that your information included in the Order (including your name, contact number, email address and delivery address) is correct and to notify us of any changes to such information.

i) If an Order is comprised of multiple items, we will endeavour to deliver the products together but may deliver the products in that Order by separate instalments.

j) We may offer sales and discount codes (each a Promotion) from time to time, and you agree that:

i) Promotions apply to full priced items only;
ii) only one discount code can be used in connection with an Order;
iii) discount codes cannot be used in conjunction with any other offer;
iv) discount codes are not transferable;
v) discount codes must be used by the date specified (where applicable);
vi) Promotions cannot apply retrospectively to previous Orders; and
vii) we may change or cancel any Promotion at any time and without notice within its sole discretion.

3. Shipping & Delivery

a) We aim to process and ship Orders within 48 hours (dependant on stock levels) of the Order being placed.

b) When placing an Order, you agree that it is your responsibility to provide accurate information to us. Where inaccurate delivery information is provided, you agree that a redelivery fee may apply and is payable by you.

c) We try our best to ship your Order within 48 hours of the date of the Order. Any date or period of time given by us in relation to the processing and shipping of an order (either in these Terms or otherwise) is intended as an estimate only and may be subject to change. You agree that we are not responsible for any Loss suffered by you where an Order is not processed or delivered within the estimated time frame. We will notify you via email if there are any significant processing or delivery delays in relation to your Order.

d) We ship within Australia.  If you are located outside of Australia and would like to place an Order, please contact hello@lightelier.co for delivery options and pricing.

e) All purchases are posted via TNT, DHL and other suitable delivery partners as determined by us from time to time. You are responsible for paying shipping costs unless we offer you free shipping. Shipping costs will be outlined at the checkout prior to payment.

f) Once an Order is dispatched, we will send you a confirmation email with tracking information.

g) We kindly request that you inspect all products on delivery to confirm they are what you ordered and do not have any faults or defects.  If required by our delivery agent, you must also note any damage on the delivery docket presented to you by the delivery agent for signature. If you believe that your Order has been lost or damaged in transit, please contact hello@lightelier.co.   

4. Title & Risk

a) Title in the product(s) comprising an Order is retained by us and will not pass to you until full payment in cleared funds is received by us.

b) To the extent permitted by law, all risk of loss or damage to the product(s) passes to you when the Order is delivered to you at your nominated delivery address.

5. Product Terms

a) Specification of products listed on our Website are subject to change without notice.

b) Subject to the Australian Consumer Law all specifications (including any information, technical information, specification, drawings, descriptions, illustrations, dimensions, or recommendations) given by us are estimates only. We are under no liability for damages for failure of the products to meet such specifications.

c) The actual product you receive from us may exhibit different characteristics to the product images on the Website, such as slight variations in colour.

d) Your product may change with age, and other elements as well as any cleaning or other chemicals. To the extent permitted by law, including under the Australian Consumer Law, we do not accept any responsibility or liability for:

i) fading or discolouration, due to exposure to direct or indirect sunlight;
ii) fading or discolouration, due to exposure or contact with any chemicals sprayed nearby or applied directly;
iii) mould, mould damage or mildew due to exposure to water, condensation, liquids or a humid environment; or
iv) rust or corrosion for items left exposed to salty water for extended periods of time.

6. Australian Consumer Law and Warranties

a) Our goods come with ‘consumer guarantees’ (Consumer Guarantees) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) which cannot be excluded by these Terms. 

b) Nothing in these Terms shall override your rights as a consumer under the Australian Consumer Law, your Consumer Guarantees or any other non-excludable rights you may have at law.

c) Subject to clause 6(c), for certain products, we warrant against defects in workmanship and materials remedies under these warranties are in addition to other rights and remedies you may have under the Australian Consumer Law.  You can view more details about the extended warranties, applicable products, inclusions and exclusions at www.lightelier.co/warranty/. 

d) Subject to any non-excludable rights that you may have, the warranties provided by us in clause 6(c) do not apply to:

i) any damage or defect where the product is installed by a person other than a qualified electrician;
ii) fear wear and tear from normal usage in accordance with the product instructions;
iii) damage caused by use of improper or incompatible globes or component parts with the product;
iv) damage caused by improper cleaning, negligence, treatment of the product with chemicals, or otherwise caused by your acts and/or omissions; and
v) the failure of you to take reasonable steps to prevent the product from becoming of unacceptable quality and damage that occurs because of such abnormal use. This includes damage that occurs because of the failure of you to care for the product in the manner described in any care instructions.

d) To be entitled to claim under any warranty we offer under clause 6(c), the defect in the part or product must appear within the relevant time period as per the warranty terms for the specific product, and:

i) you must provide proof of purchase, including the purchase date, of the product;
ii) the product must have been installed by a qualified electrician;
iii) the product must have been purchased directly from Lightelier or an authorised distributor;
iv) the product must not have been operated under abnormal, excessive, or unusual conditions;
v) the product must not have been misused, damaged, or subjected to negligent use or contrary to clause 6(d);
vi) the product must not have been repaired, altered, tampered with, or modified by any person without prior written consent from Lightelier; and
vii) the product failure must be due to a defect in material or workmanship and not the result of damage caused by use other than for its intended purpose.

f) To make a warranty claim, please follow the process in clause 8 of these Terms.

g) Except as required by law or expressly provided in an applicable extended warranty, all other warranties, whether express or implied, are excluded.

7. Refund Policy For Change Of Mind

Subject to your rights under clause 5 above, we accept returns for ‘change or mind’ strictly on the following conditions:

a) to be eligible for a return, you must email hello@lightelier.co within 14 days of the date of purchase with the following information:

i) customer name;
ii) date of purchase;
iii) order number;
iv) product(s) being returned; and
v) reason for return,

b) the item(s) to be returned must be currently listed on our Website;

c) the item(s) to be returned must be unopened and unused;

d) the item(s) to be returned must be returned to us in the original and undamaged packaging;

e) we may charge you a restocking fee to cover the cost of restocking the item, and will be deducted from the refund amount; and

f) you are responsible for paying all return shipping costs.

8. Returns Policy For Faults And Incorrect Products  And Warranty Claims

a) If you believe any of the products purchased on or through the Website are faulty, defective, have a problem or are not what you ordered, or you wish to make a warranty claim under clause 6(c), please notify us by email at hello@lightelier.co (this is referred to as a Fault Notice) with the following information:

i) order number;
ii) date of purchase;
iii) product(s) being returned;
iv) reason for return;
v) photos of any fault or defect (if applicable); and
vi) the outcome you request.

b) So that we can best deal with the relevant issues, we kindly request that you email all Fault Notices to us within 14 days of the products being delivered to you, or you noticing the product is defective if making a warranty claim under clause 6(c).

c) For warranty claims under clause 6(c), we may require you provide us evidence to support any or all of the matters listed in clause 5(d) and (e) to our reasonable satisfaction.

d) Upon receiving a Fault Notice, we will promptly assess and discuss all Fault Notices with you, and:

i) where we agree there is an issue with your product, we will ask you to return the product to us and you will be entitled to receive a remedy listed below; and
ii) where we are unable to determine whether there is an issue with your product, we will ask you to return the product to us for further assessment.

e) Where a product is returned under clause 8 and the product is not the product ordered, you are entitled (at your election) to a replacement product to the same value or a full refund and we will pay for return shipping costs.

f) Where a product is returned under clause 8 and the product has:

i) a minor problem (as defined in the Australian Consumer Law), we will at our election, repair, replace or refund the products and pay for return shipping costs;
ii) a major problem (as defined in the Australian Consumer Law), we will at your election, repair, replace or refund the products and pay for return shipping costs.

9. User Accounts

a) We may assign you a username and/or password and account information in order for you to access and use certain areas of the Website or require you to establish your own account access using a username and password chosen by you (Login). Each time you use your Login, you will be deemed to be authorised to access and use the Website in accordance with the Terms.

b) It is your sole responsibility to protect the security and confidentiality of your Login and for all activities on the Website using the Login, including without limitation all communications, transmissions and obligations (including, without limitation, financial obligations) incurred on the Website through such access or use of your Login.

c) You must immediately notify us of any unauthorised use of your Login or any other actual or threatened breach of the Website’s security that you may be aware of.

10. Personal Information

a) We are committed to the transparent management of your personal information.

b) So that we can fulfil your Orders, we will need to collect certain personal information from you.

c) We agree to take all reasonable steps to protect your personal information submitted to us via the Website in accordance with our Privacy Policy which is available at www.lightelier.co/privacy/.

11. Product Disclaimers

Subject to clause 5, by purchasing any products from our Website, you agree and acknowledge that:

a) the actual products may exhibit slight variations from the product images on the Website.  For example. appearance in colour can change significantly depending on many factors such as colour calibration on individual computers and lighting conditions during photography sessions.  While every effort has been made to ensure that images present an accurate and fair visual representation of the actual product, images on our Website are intended as a guide only and we no responsibility for any errors;

b) products may not be suitable to your particular circumstances – you should make your own inquiries and seek relevant independent advice before using our products, as well as acting on any information or material made available to you via the Website in relation to the products or otherwise;

c) luminaire and driver products are designed and tested to ensure maximum compatibility with dimming devices and power circuits. However, Lightelier cannot guarantee or warrant against external factors such as Ripple Current (Zellweger Tone) which can impact mains power supply causing adverse effect on lighting circuits and dimming functionality; and

d) all products are designed for installation by a qualified electrican only.

12. Intellectual Property

a) We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Website (Content).

b) While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose.

13. Third Party Links

The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on that third party website. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

14. Limitation Of Liability

a) Subject to clause 5 of these Terms, without overriding any Consumer Guarantees, and only to the extent permitted by law, you agree:

i) your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of Loss resulting from your use of or reliance on this Website (including all Content), however incurred;
ii) Lightelier does not make any representations, warranties or guarantees in relation to the supply of goods or services by Lightelier via the Website; and
iii) Lightelier hereby disclaims all liability in connection with any Loss arising out of or in connection with any use of, or reliance on, the Website.

b) To the extent permitted by law, including under the Australian Consumer Law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and we are not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

i) any increased costs or expenses;
ii) any loss of profit, revenue, business, contracts or anticipated savings;
iii) your use or misuse of the products;
iv) any act, omission or negligence by you, your agents or representatives;
v) any loss or expense resulting from a claim by a third party; or
vi) any delays in delivery of the products;
vii) any special, indirect or consequential loss or damage of any nature whatsoever caused by our failure to complete or delay in completing the Order to deliver the products.

15. Indemnity

a) You indemnify us (and our representatives) from and against all Claims and Loss, which may be bought against or suffered or incurred by us (or our representatives) arising out of or in connection with a material breach of these Terms by you (or your representatives) or an unlawful or negligent act or omission carried out by you (or your representatives) in relation to these Terms. 

b) We have an obligation to mitigate any Claim or Loss which may be made or brought against or suffered or incurred by us.

c) Your obligation to indemnify us under this clause will be reduced proportionally to the extent that we caused or contributed to the Loss or Claim. 

16. Governing Law

a) The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and you agree that the courts of the State of New South Wales, Australia will exclusively adjudicate over any dispute in relation to these Terms. 

b) If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.

c) This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

17. Definitions

a) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature, whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

b) Consequential Loss means special, incidental, indirect or consequential damages, loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.

c) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs, and includes Consequential Loss.