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Terms & Conditions

Definitions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, Hyalite Pty Ltd
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "http://www.hyalite.com.au/"

Agreement to be bound by Terms

It is a condition of use of this Website that Users agree to these Terms and Conditions.
By registering to use this Website Users agree to be bound by these Terms and Conditions. By transacting on this site you agree to be bound by these terms and conditions.

Identification

The User warrants that they are either the person, or in the case of a corporation, an authorised representative of the corporation, that is named as the User in the registration form for this Website. It is a breach of these Terms & Conditions and also a misrepresentation with potential civil and criminal consequences for a person to register as a User that they are not authorised to represent for this purpose. The Company reserves the right at any stage to contact a User to confirm both the validity of the account and also the currency and security of the passwords used.

Unavailability

From time to time information that would normally be available through the Website (including supplier's catalogues) may not be able to be accessed online because of technical or other problems. The Company and the Service Provider expressly excludes liability to any User of this Website in respect of the unavailability of content regardless of whether or not this unavailability is caused by the negligence of the Company or the Service Provider.

Privacy and Storage of your personal information

It is necessary for the Company to capture information about Users in order to provide the services offered through this Website. The use of the information and Users' rights in respect of it is set out in the Privacy Statement on this Website.

Indemnity

The User agrees to indemnify the Company and the Service Provider against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the Website by the User.

Copyright

All material on this site is the copyright of the Company or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the Company.

Warranty

All Goods with the exception of lamps and globes which are the Company's supply line partners' manufacture and supplied by the Company, are guaranteed against faulty workmanship, materials or design for a period of twelve (12) months from the date of dispatch after which all liability on the part of the Company ceases. The Company will repair or replace any and all material parts found to be defective within the warranty period without charge, provided the Goods have been installed and used in accordance with the manufacturer's and/or Company's instructions.


The Standard Warranty by the Company is subject to the following conditions:

1.      Proof of purchase must be supplied to claim warranty.

2.      The Company does not warrant that goods purchased via the Website are fit for any particular purpose and it is the User's responsibility to ensure that goods to be purchased meet the User's requirements and expectations. The Company will not refund or exchange goods that are not faulty but do not meet the requirements or expectations of the User.

3.      The Company does not warrant that goods purchased via the Website are compliant with any particular laws or legal requirements. It is the User's responsibility to ensure that goods meet the legal requirements and specifications required for fitting or use in the User's location and to ensure that the goods are fitted or used in compliance with all laws and legal requirements in effect in the User's location. The Company will not refund or exchange goods that are not faulty but do not meet the legal requirements and specification for use by the User or are removed or confiscated by any lawful authority.

4.      This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, wilful damage, abuse, misuse, problems with electrical power, usage and/or storage and/or installation not in accordance with goods instructions, failure to perform required preventive maintenance, normal wear and tear, fire, flood, war, act of God or any similar occurrence.

5.      This Standard Warranty immediately ends if there is any attempt by any person other than the Company's personnel or any person authorised by the Company, to adjust, repair or support the goods covered by the Standard Warranty. However the Company may elect to honour the Standard Warranty nonetheless at the Company's complete discretion.

6.      Users must prepay shipping and transportation charges, and insure the shipment or accept the liability of loss or damage during such shipment and transportation. If the goods are later found to be faulty then the Company will refund the shipping and transportation costs paid by the User but only to the extent of the minimum cost of postage payable (ordinarily standard postage or shipping). The User will not be compensated for costs of express postage, air-mail, courier or personal costs.

7.      This Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

Delivery

Delivery of goods to the User occurs when the goods are delivered to the address nominated by the User in an order.

Goods are at the risk of the User from the moment they leave the Company's premises. The Company shall not be liable for any delay, damage or loss in delivery of the goods howsoever caused. Any dates quoted by the Company for the delivery of the goods are indicative only.

Goods will only be insured at the User's request and all associated costs are to be paid by the User prior to shipping of the goods. In the event of a claim, the User accepts full responsibility for pursuing such claim.

If the Company delivers less than the full quantity of goods ordered the User may not reject those goods delivered but the User is entitled to a refund of such part of the purchase price paid as corresponds to the goods not delivered. If the Company delivers extra or different goods the User may reject only the extra or different goods.

Force Majeure

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

Liability

The Company shall not be liable in contract or in tort for any loss or damage suffered and Users rights are limited to those set out in these Terms and Conditions and under statute.

To the extent permitted by law, the Company's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of goods and/or services under these Terms and Conditions.

The User shall indemnify the Company and keep the Company fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the User, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

Any service response times stated by the Company in any goods orders are approximate only and the Company shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by the Company shall be subject to correction without any liability on the part of the Company.

Under the Trade Practices Act 1974 ("the Act"), where implied conditions and warranties cannot be excluded, the Company's liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the Company sole discretion, to:

(a) in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of such 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

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

Pricing

Any prices shown on this Website are subject to change without notice to the User. Whilst all effort is made to keep pricing on this Website up to date it is possible at times it may be out of date. As such prices on this Website should only be considered as an "invitation to treat" rather than as an offer to provide the goods at these prices. User's orders and payment of goods will be deemed to be an offer and acceptance only takes place when the Company accepts the order. This Website automatically sends an order confirmation email to Users who have placed orders on the Website but such confirmation email is merely an acknowledgement of receipt of the User's offer and not an acceptance of the Offer and does not commit the Company to supply goods and services at the prices contained in the offer, including delivery charges. Acceptance of User's offers will be communicated by separate correspondence or by telephone call.

Payment Conditions

Unless credit terms have been agreed to by the Company which are governed by separate terms and conditions to the ones herein, payment for the goods or services shall be made in full and cleared prior to delivery of any goods or services. Users shall pay for all shipping and handling charges including any additional charges including local levies, taxes and duties.

Retention of Title

Notwithstanding the requirement for goods to be paid in full before delivery, property and title in the goods will not pass to the User until those goods and all other amounts owed by the User to the Company have been paid in full and until then the User will hold the goods as fiduciary and bailee for the Company and the Company may require the User to return the goods to it on demand and may enter upon the premises of the User to inspect or repossess the goods.

Currency Converter

This Website uses xe.com to provide the currency conversion calculation tool. Conversions shown on this website are approximate values and are to be taken as a guide only. We do not take any responsibility for bank charges, conversion charges or transaction charges associated with the transaction placed on this website. All transactions are processed in Australian Dollars.

Credit Card

Credit Card transactions are processed in Australian Dollars using:

(a) Payment pages which comply with the Industry standard and use TSL 1.0 (SSL 3.0);

(b) A 128-bit SSL encryption; and

(c) Secure SSL tunnel to connect to the payment gateway.

Severance

In the event that the whole or any part or parts of any clause in these Terms & Conditions is found not to be enforceable by a Court then such clause or part thereof shall be to that extent severed from these Terms & Conditions without effect to the validity and enforceability of the remainder of these Terms & Conditions.

Notices

Notices to be given under these Terms & Conditions may be given personally or in writing by posting the notice to the following address:

(a) for a notice to the Company: Hyalite Pty. Ltd. care of MMI Financial Partners Pty. Ltd., PO Box 81 North Melbourne 3051  and

(b) For a notice to the User: the address for the User as contained in the order form.

Jurisdiction

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the Courts in Melbourne, Australia.

The parties agree that proceedings may be commenced in any court in Melbourne, Australia and consent to that court having jurisdiction by virtue of this Clause despite the court would not having such jurisdiction without this consent.


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