TERMS & CONDITIONS
Please take the time to read these terms and conditions. By using Versalux Website and the Services and information offered on Versalux Website, you are agreeing to these terms and conditions.
If you purchase products through Versalux Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
DEFINITIONS AND INTERPRETATION
In these Conditions:
- “ACL” means the Australian Consumer Law, as set out in Schedule 2 of the Competition and Consumer Act 2010(Cth);
- “Business” means any business entity including a company, partnership, limited liability partnership, sole trader, unincorporated association or trust;
- “Business Day” means any week day, other than a national public holiday or public holiday in Victoria;
- “Business Hours” means between 07:00 and 16:00 on a Business Day;
- “Charges” means the charges payable by you to Versalux under the Contract;
- “Conditions” means these Conditions of Sale;
- “Consumer” means a Consumer as defined in the ACL and in determining if you are a Consumer, the determination is made if you are a Consumer under the Contract;
- “Consumer Guarantee” means the consumer guarantees under the ACL;
- “Contract” means a contract between Versalux and you incorporating these Conditions;
- “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, severe adverse weather conditions, riots, terrorist attacks and wars);
- “Goods” means the Goods (if any) supplied or to be supplied to you by Versalux under the Contract;
- “Implied Terms” means any guarantees, conditions, warranties or other terms implied by any Australian Commonwealth , State or Territory laws (excluding the ACL), or the laws of any other jurisdiction;
- “Purchase Order” means the document issued by you to Versalux accepting the Charges and Conditions referred to in the Quotation;
- “Versalux” means Versalux Pty Ltd, a company incorporated in Australia with Australian Business Number: 68 005 911 802 and Australian Company Number: 005 911 802, having its registered office at 28 Edgerton Road, Mitcham, Victoria, 3132;
- “You, your” means you, the customer or user under the Contract.
ACCURANCY OF CONTENT
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorize any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
INDEMNIFICATION FOR LOSS OR DAMAGE
You agree to indemnify Versalux and hold Versalux harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
INTELLECTUAL PROPERTY AND COPYRIGHTS
We or our partners hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Versalux, in which case we may require you to sign a License Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us.
The trademarks and logos contained on this Website are trademarks of Versalux Pty Ltd or Glamox ASA. The use of these trademarks is strictly prohibited except with Our express, written consent.
LINKS TO EXTERNAL WEBSITES
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to Versalux articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to Versalux website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
To take advantage of any services and order any products on our Website, you will need to provide certain information. When entering information on our Website, you must provide accurate, current and comprehensive information.
To submit personal information on our website you must be at least 18yrs years of age. If you are aged less than 18, your parent or guardian must accept full responsibility for the terms, conditions, obligations and warranties set out in these Terms and Conditions and/or any Additional Terms and Conditions.
PLACING AN ORDER FOR PRODUCTS
You may order products by selecting and submitting your order through the Website in accordance with these Terms and Conditions.
Any order placed through this Website for a product is an offer by you agreeing to purchase the particular product for the price displayed (including the delivery and other charges and taxes) at the time you place the order.
ACCEPTANCE OR REJECT OF AN ORDER
In certain circumstances, we may need to reject or cancel your order if the product is not available or if there is an error in the price or product description posted on the Website If this occurs you will be contacted by our staff.
For each order accepted by us, we will:
- Supply the products in that order to you in accordance with these Terms and Conditions;
- Send you an email confirmation of that order – though with the nature of the internet we cannot guarantee receipt. Please check your SPAM- folder.
- If we reject an order placed through the Website, then we will endeavor to notify you within a reasonable time after you submit your order.
All prices for the products and services are in Australian Dollar and include GST where applicable.
You may pay the fees and charges for an accepted order using the following payment methods:
Please Note: We charge your credit card when your order is placed. Good will only be shipped, when the payment is done
If we are unable to successfully process your debit card or credit card, payment for your order that is accepted by us, then we may cancel your order.
If you choose to pay by credit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit card.
You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.
We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.
RISK OF LOSS
Risk of accidental loss or accidental damage to the product transfers to you when the product is handed over to the carrier.
The risk and title to a product passes to you on the date and time of delivery to the delivery address.
We shall only take out transport insurance if agreed separately. In this case you shall bear the costs.
FREIGHT & DELIVERY
All Online orders are processed by our Sales Support department and will be ready for dispatch as displayed at each item.
The dispatch time is an average and depends on the stock level.
We deliver using Australia Post.
For deliveries by Australia Post to an unattended address, goods will not be left and a card will be left notifying that your order is available for collection at the local Post Office. Orders that contain items over one meter in length, items over 22kg, and large size items cannot be sent with Australia Post.
FREIGHT RATES WITHIN AUSTRALIA
Freight rates are automatically calculated based on order value and include handling and insurance – Delivery Australia wide.
Versalux attempts to be as accurate as possible. However, to the extent permitted by law, Versalux does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
CHANGES TO THESE TERMS AND CONDITIONS
For future orders, these Terms and Conditions may change and so we recommend that you read these Terms and Conditions carefully each time you agree to them during the ordering process.
RIGHTS AND RESPONSIBILITIES OF CUSTOMER IN THE EVENT OF DEFECT PRODUCT
You shall notify us of any visible defects immediately, no later than within 5 working days following delivery. Hidden defects shall be reported immediately after they are discovered in writing. You cannot rely on defects reported late.
Damage to transportation packaging and obvious transport damage are to be immediately reported to the transport person and if possible, they are to confirm the damage.
You must proof of purchase either by providing a receipt or other proof of transaction.
You do not have the right to make a defect claim if the contractual product is damaged as the result of unsuitable or improper use, incorrect installation and/or commissioning, altering the goods or replacing parts which do not correspond to the original specifications, other than incorrect or careless treatment, natural wear and tear, using unsuitable equipment or replacement materials or use outside of the temperature range stated by the manufacturer and/or non-adherence to the maintenance and service procedures to be carried out by specialist trained staff as prescribed by the manufacturer.
In the event of justified and timely defect notifications your claims are initially restricted to supplementary performance. This does not apply if supplementary performance is unreasonable for you. In the event of supplementary performance, we can choose between remedying the defect or replacing the goods. Should supplementary performance fail or if we refuse to carry it out, you are entitled to exercise their other statutory rights in the event of defects subject to the following sections.
- When returning the goods in the course of a defect warranty the requirements for returns stated in these T&Cs.
- We are not liable for damages caused by products
CLAIMS AND RETURNS
Please choose carefully as Versalux does not accept return of goods, because of wrongly ordered products. All goods that are ordered and then deemed “Not Required” (for whatever reason) will remain the property of the purchaser and will “NOT” be considered for credit.
On all goods approved for credit, Versalux Pty Ltd reserves the right to charge a minimum re-stocking fee of 50% of the purchase price, minimum 40AUS$. This does not apply to goods returned under a defect warranty.
The following products may not be returned:
- consumables (e.g. batteries, light bulbs),
- cables which have been cut,
- special models and all products custom-made for your order.
All claims are to reference the original invoice number and are to include a full description detailing the reason for return. Returns will not be processed unless this information is provided.
If it has been agreed that the goods may be returned the return must fulfil the following conditions:
- All returns to Versalux Pty Ltd. require a “Goods Return Number” (GRN) issued, which “MUST” accompany the returned goods.
- The goods must not show any signs of use and must be returned in the original packaging.
- Products which have been opened or subsequently resealed or where the packaging has been damaged may not be returned or depending on the extent of the damage may be returned subject to a deduction from the purchase price.
- Send the goods back inside another box to avoid damaging or marking the original packaging or picking up sticky residues.
- All goods submitted for assessment must be unmarked and complete with instruction books, certificates and accessories (such as remote, controllers, power cords, batteries, battery chargers, connectivity cables and any other out of box accessories supplied as part of the purchase.
ASSESSMENT OF GOODS FOR RETURN
Versalux reserves the right to assess the eligibility of goods for return (including the condition and age of goods) BEFORE accepting them as returned.
While goods are being assessed, Versalux will not be deemed to have accepted the goods for return.
Subject to any obligation of Versalux at law to the contrary, when Versalux accepts goods for return:
For a failure to comply with a consumer guarantee, Versalux may either:
- have the goods repaired or replaced within a reasonable time; or
- provide a refund of the amount paid for the goods;
If goods are accepted for repair, Versalux will undertake such repairs within a reasonable time.
Where a replacement claim under warranty is granted, the replacement will be delivered to you at Versalux expense after we have received the returned goods.
This returns policy will not affect your statutory rights including those under the Act. To the extent of any inconsistency between this policy and your statutory rights under the Act, your statutory rights under the Act will take precedence.
AUSTRALIAN CONSUMER LAW
Versalux’s goods come with consumer guarantees under the Australian Consumer Law which cannot be excluded. 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.
Your rights to a remedy under the Australian Consumer Law are not limited by a defined time. However, the Australian Consumer Law recognizes that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. As you can appreciate, the type of remedy we can offer you may also vary depending on how long it takes you to return the product to us.
Where the sale of Goods is made to you as a Consumer under the ACL:
- the Goods are supplied subject to the Consumer Guarantees;
- if the Goods fail to meet any Consumer Guarantee, you will be entitled to such rights and remedies as are permitted or provided in the ACL for such failure, to the extent that such rights and remedies cannot be lawfully excluded. You may only exercise any right or remedy for breach of a Consumer Guarantee strictly in accordance with your rights and responsibilities under the ACL;
- Where the Goods are not ordinarily acquired for personal, domestic or household use or consumption, then, unless Versalux is the manufacturer of the Goods under the ACL, Versalux’s liability for breach of a Consumer Guarantee is limited at Versalux’s option to repairing or replacing the Goods, supplying equivalent goods or paying the cost of the repair or replacement of the Goods or of acquiring equivalent goods;
Where you resupply the Goods to a Consumer and the Goods are not ordinarily acquired for personal, domestic or household use or consumption, Versalux’s liability to you in connection with any breach of a Consumer Guarantee in respect of the Goods is limited to paying you an amount equal to the cost of replacing the Goods, supplying equivalent Goods, or having the Goods repaired, whichever is the lower amount.
Nothing in the Contract will:
- limit or exclude the liability of a party for death or personal injury resulting from negligence;
- limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;
- limit any liability of a party in any way that is not permitted under applicable law; or
- exclude any liability of a party that may not be excluded under applicable law,
and any statutory rights that you have where you are a Consumer and not a Business, that cannot be limited or excluded, will not be limited or excluded by the Contract.
The limitations and exclusions of liability set out in this Clause and elsewhere in the Contract:
- are subject to this; and
- govern all liabilities arising under the Contract or in relation to the subject matter of the Contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
GENERAL LIMITATION OF LIABILITY
This clause does not limit the liability of Versalux under Consumer Contracts.
Versalux shall not be liable for any guarantee, warranty or representation as to the quality, performance and fitness for purpose or otherwise of any Goods outside of these Conditions unless expressed in writing and signed on behalf of Versalux and any such warranty or representation shall be limited to its express terms.
None of the Implied Terms apply to any Contract except to the extent that they cannot be lawfully excluded.
Versalux’s liability for breach of any provision of any such Contract or for breach of any Implied Terms which by force of law cannot be excluded from applying to any such Contract is limited at the option of Versalux to repairing or re-supplying Goods which have been found defective, or, paying the cost of repairing or re-supplying Goods which Versalux finds to be defective.
Versalux is not liable in tort for any loss or damage suffered by You or by any third party.
In no circumstance whatsoever shall Versalux be liable to You or to any third party for any loss of profits, loss of anticipated savings, economic loss or interruption of business or for any indirect or consequential loss (“Consequential Loss”) arising out of the late delivery of Goods or any failure to perform or observe Versalux’s obligations under any contract or Implied Terms and You will keep Versalux fully indemnified against any claim made against Versalux by a third party for any such Consequential Loss.
Versalux will not be liable to you in respect of any special, indirect or consequential loss or damage including, where you are a Business, loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Versalux’s aggregate liability to you will not exceed the greater of the total amount paid and payable by you to Versalux under the Contract.
Save to the extent that Versalux’s negligence has resulted in the loss or damage, Versalux will not be liable to you in respect of any loss or damage arising out of pre-existing faults in your electrical systems, notwithstanding that such pre-existing faults may only become manifest during or following the installation of any Goods.
Other than as expressly provided under the Contract any material presented to you by Versalux via its website or otherwise including estimates of costs, savings or returns is provided as illustration only and is not intended to constitute a definitive statement nor specific advice. You agree that you place no reliance on such material and that you exercised your own judgement before deciding whether or not to enter into the Contract with Versalux.
STANDARD VERSALUX WARRANTY
Goods manufactured by Versalux which within twelve (12) months from the date of dispatch from Versalux’s factory, are proved by You to Versalux’s satisfaction to be defective arising from faulty material exclusive of standard Goods or other manufacture incorporated in the goods and/or workmanship will be replaced entirely or partly at Versalux’s sole discretion. Versalux will pass on other manufacturers incorporated in the goods warranty. The maximum liability of Versalux is limited to the invoice value of the goods. Removal and return of goods to Versalux’s factory is at Your cost.
The guarantee offered shall only be effective subject to You complying with the following conditions:
- Goods must be installed and used in strict compliance with the relevant specifications and installation instructions relevant to those goods;
- Any installation and / or assembly work relating to the Goods shall be carried out by a qualified electrical contractor;
- Temperature and voltage limit values must not be exceeded and the Goods must not be subjected to mechanical loads which do not comply with its intended use;
The Goods must be maintained by qualified technical staff in compliance with any instructions accompanying the Goods.
You must establish to Versalux’s reasonable satisfaction that you have taken all necessary steps to examine installation factors and mitigate the risk of loss, i.e.: eliminating exposure to extremes of temperature, ensuring the use of adequate insulation and preventing overvoltage, incorrect installation, surges and spikes, including lightning strike;
In the event of a claim, you shall not tamper with failed goods and must return them in original condition to Versalux for inspection at your expense;
No guarantee claim will be entertained until the full invoice amount for all Charges have been paid in clear funds;
The Goods supplied have been installed in Australia or NewZealand Australia or New Zealand.
The guarantee offered does not cover defects in Goods due to unforeseen events i.e.: accidental circumstance and or Force Majeure (including electrical surges and lightning) that cannot be ascribed to a defective manufacturing process of the product.
Where Versalux accepts a claim under the guarantee offered in relation to Goods, Versalux shall be free to decide in its absolute discretion whether to repair or replace the Goods with the same or an equivalent Goods subject to the technological progress that has taken place from the release of the original Goods or refund the price for the Goods.
FORCE MAJEURE EVENT
Where a Force Majeure Event gives rise to a failure or delay in Versalux performing its obligations required by the Contract, those obligations will be suspended for the duration of the Force Majeure Event.
Versalux will not be liable to you for any losses arising out of a Force Majeure Event.
If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.
CHOISE OF LAW, PLACE OF PERFORMANCE, JURISDICATION
Contracts are exclusively subject to Australian law.
The sole place of performance for all obligations of the contractual parties is the place of our registered office.
Melbourne shall have exclusive jurisdiction for all disputes directly or indirectly arising from the contractual relationship if you are a registered trader or a legal person under public law or a public law special fund.
Versalux is protected by a 256-bit Extended Validation (EV) certificate. 256-bit EV certificates offer the highest degree of authentication and SSL protection.
Browse our website and complete purchasing transactions with the assurance that no one else can read or change the information as it travels over the internet.
A cookie is a piece of data supplied by our website to your web browser. It allows our website to keep track of your current shopping sessions and personalize your experience. We also use anonymous traffic log cookies to identify which pages are being used. This helps us analyses data about web page traffic and improve our website. We only use this information for statistical analysis purposes.
A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can set your web browser to accept or decline cookies. If your web browser declines cookies from our website, you will not be able to complete a purchase or take full advantage of certain features of our website, such as storing items in your Shopping Cart.
As a result, we strongly encourage you to configure your web browser to accept cookies from our website.
Versalux Archilux is committed to providing you with the best possible customer service experience. Versalux is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.
COLLECTION OF YOUR PERSONAL INFORMATION
There are many aspects of the site which can be viewed without providing personally identifiable information. However, users requesting to (a) join our mailing list or (b) have us respond to an online inquiry are required to submit personally identifiable information for us to process the request. Additionally, some downloadable documentation prompts you, the user, to enter some personally identifiable information – this is not mandatory for the site functionality.
SHARING OF YOUR PERSONAL INFORMATION
We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service.
USE OF YOUR PERSONAL INFORMATION
For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic and trends.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.
ACCESSING YOUR PERSONAL INFORMATION
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Versalux reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.
Call: (03) 8878 2000
PO Box 443
Mitcham, VIC 3132,