PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Last updated: 13 November 2015
1.2 For the purposes of these terms and conditions this website under the domain name ledme.com.au (the “Website”, “Online Store”) is owned and operated by LED-me (ABN: 42 260 994 482), collectively called “LED-me”, “LedmeAu”, “Us”, “Our” and “We”. “You” and “Your” refers to you, the client, visitor, website user or person using our website.
2. AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern Your and LED-me rights and obligations to each other.
3. LIMITATION OF LIABILITY
3.1 It is an essential pre-condition to you using our website that you agree and accept that LED-me is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
3.2 It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. COMPETITION AND CONSUMER ACT
4.1 For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), LED-me liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
4.2 You must be over 18 years of age to use this website and to purchase any goods or services.
5.1 To the fullest extent permitted by law, LED-me absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. LED-me gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
5.2 Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
5.3 It is your sole responsibility and not the responsibility of LED-me to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
6. YOUR PRIVACY
6.2 You may change your details at any time via your account settings or by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. LED-me secure server software encrypts all customer information before it is sent to us. Furthermore, the entire customer data LED-me collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
7. YOUR ACCOUNT
7.1 If you do not already have an Account you will need to create/register one before placing an Order or access other particular member only areas of the Website (My Account).
7.2 You may not set up an Account for someone else.
7.3 You warrant that all information and data provided by you in the registration is accurate, true, complete and up to date. You will promptly inform us if there is any change to this information or data.
7.4 By registering an Account, you warrant to us that you are at least 18 years of age and possess the legal authority to enter into, and use the Website in accordance with, these Terms and Conditions. You agree to be financially responsible for all of your use of the Website as well as for use of your Account by others.
8.1 You may only make an Order on the Online Store by entering the Account password selected by you when registering your Account on the Website. You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who enters into a transaction using your Password, as if they were your own acts and omissions. LED-me will not in any event be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify LED-me against all loss, damage, claims, costs or demands in this regard.
8.2 You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify LED-me of any Password which is lost, inoperable or used in an unauthorised manner.
9.1 By placing an Order via the Online Store you are making an offer and commitment to purchase products, services or both plus the Delivery Charge in accordance with these Terms and Conditions. An Order is subject to acceptance or rejection by LED-me in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, LED-me may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
9.2 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by LED-me. LED-me will use reasonable endeavours to change the Order if it has not already been shipped but makes no representation that it will be able to do this.
9.3 If you place an Order for someone else to receive the Goods you must obtain their consent before providing LED-me with their personal information and, by placing an Order, you confirm to LED-me that you have done this.
9.4 Once you have placed an Order in accordance with these Terms and Conditions you will receive emails confirming the details of your Order (confirmation email), receipt of payment (where applicable) and progress statuses. Where your Order is not accepted by us, your Account will be updated indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please login to your Account to check the status of your Order.
9.5 Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
9.6 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. LED-me cannot consolidate separate Orders into one delivery.
9.7 LED-me does not accept Orders via the Online Store originating from outside Australia or requiring shipping to outside of Australia.
10. AVAILABILITY OF STOCK & BACK ORDERS
10.1 We aim to only offer products for online sale where the product is readily available to ship. From time to time however, you may pay for a product that is not readily available for shipping. If this happens, we will notify you as soon as possible to let you know that the item or items are to be placed into our back order system.
10.2 We understand that you may not always wish to wait for a product where it is not readily available for shipment. If you wish to cancel such an order, you can do so while the order is still in our back order system by contacting us. We will refund the amount that you paid for the product.
10.3 In the instance where a product is not readily available for shipment, we will use our best endeavours to procure the product from our suppliers within 21 days from the date that you place your order. If we are not able to procure the product within this timeframe we will contact you and let you know the options which could include:
a. If we are not able to source the product from the advertised supplier, we may need to cancel the order for the product and provide you with a refund; or
b. If we are able to source the product from a different supplier at a higher price than originally advertised, we will give you a choice as to whether you wish to purchase the product at the higher price. If you decide that you no longer want the product, we will provide you with a refund of the original price paid.
10.4 Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.
10.5 As LED-me is dependent upon its Suppliers to provide stock, LED-me cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. LED-me reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. LED-me will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time.
11. CHANGES TO PRODUCTS, SERVICES & PRICING
11.1 We may modify price, product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, and changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
11.2 All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms and Conditions.
11.3 We reserve the right to refuse to fill any orders that you may have placed based on information on the Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
12. PRICING & TAXES
12.1 All transactions are processed in Australian Dollars.
12.2 Australian Buyers - All Prices are inclusive of Australian goods and services tax (GST) for Australian Sales.
12.3 Delivery costs will also be charged (unless FREE Delivery offered) and are inclusive of GST, such additional charges are clearly displayed where applicable and included in the 'Total ' when displayed at checkout.
12.4 International buyers - All prices are Exclusive of Australian GST for International Sales (You need to register first to view country specific prices).
Note: Import duties, taxes, and bank charges aren’t included in the item price or postage cost. These charges are the buyer's responsibility.
Please check with your country's customs office to determine what these additional costs will be prior to buying.
13.1 We accept Online Payment using VISA and MasterCard credit cards, PayPal, direct deposit (bank transfer, bank wire).
13.2 Bank Transfer/Bank Wire - When you submit an Order and the payment option is bank transfer you will receive an Order reference and our bank details via e-mail, please include the reference when paying via this method so we can track your payment to your order.
13.3 Goods that you have ordered will not be dispatched to you until your payment for the Order has cleared. If your payment cannot be processed/cleared (within 3 days for bank transfer), your Order will be rejected and we will notify you by email.
13.4 We will provide you with a Tax Invoice via email and is also accessible in a pdf format when logged in via My Account section.
13.5 If you choose to pay by credit card or PayPal, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card or PayPal account.
13.6 You must not pay, or attempt to pay, for Orders through any fraudulent or unlawful means.
14. DELIVERY OF GOODS
14.1 We use Australia Post and Third Party Couriers to deliver to destinations in AUSTRALIA ONLY.
14.2 Shipping costs are influenced by the size and weight of the products in your Order and your location. You can see the pricing on the available shipping options at the checkout stage.
14.3 Whichever shipment choice you make, we will provide you with a link to track your package online when available.
14.4 We aim to ship all Orders, where products are in stock, within 1-3 business days. If for any reason we are unable to dispatch your Order we will notify you within 3 business days. Shipping times are estimated at between 1-7 business days depending on your location within Australia, but are subject to the delivery terms of the Third Party Couriers.
14.5 On delivery you may be required to sign a proof of delivery if this is not possible or required please contact us or mention this at time of placing the order. Refer 15.2
14.6 All deliveries will have the option to include Signature on Delivery (SOD) when available.
14.7 It's difficult to assist with lost or damaged goods by third party couriers if you choose your order to be delivered without Signature on Delivery and left unattended or insecure.
14.8 If there is no one or no appropriate person (for example, above 18 years old) at the Delivery Address to receive the order or, if you are required to be present at the time of delivery and you are not present at that time, then we will not deliver the Products you have ordered. In this instance, you will be left a note by our logistics provider with instructions on where and how to collect your order and if additional charges may apply to deliver again.
14.9 You must provide a physical delivery address where someone is likely to be available to accept the delivery of your Order during business hours.
14.10 Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
14.11 In the unlikely event that damage has occurred to your order, please note this with the delivery company when receiving the order and report it to us as soon as possible (within 24 hours).
15. RISK AND TITLE
15.1 Delivery with Signature on Delivery - Risk and title of Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order or the alternative pickup location from the logistic provider and Signature on Delivery (SOD) has been completed by the authorised person.
15.2 Delivery without Signature on Delivery - If you choose for Orders to be delivered without Signature on Delivery all title, risk and loss or damage to your Order passes to you when we dispatch your Order. Refer 14.7
16. REFUNDS, RETURNS AND WARRANTIES
16.1 LED-me handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
16.2 Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection or simply found the goods cheaper elsewhere. We recommend you carefully preview any orders before adding them to your shopping cart and proceeding with your order.
16.3 We accept returns or exchanges for item(s) you have purchased that have any manufacturer’s defect(s) on arrival or the wrong item(s) are sent (our error). If this has occurred, please contact us within 48 hours of receiving the order with the details of the product(s), the defect/concern and request a RMA (Return merchandise authorization) this can be done via email, phone or accessing the "Orders History" section of your account, select the order from which you want to return an item, select the product(s) that you wish to return by checking the box next to its name(s), add an explanation, in order for the us to better understand why you want to return this product and click Make an RMA slip.
16.4 If the product you are returning is faulty or develops a fault and is covered by a manufacturer's warranty then we may need to send your product to manufacturer or repair agent for repair or refer you to the manufacturer or repair agent for repair as they may be the best one to resolve your concern.
16.5 To return your product for warranty during the product warranty period, please contact us within 48 hours for support via our website (contact us) or phone, complete an online RMA (return merchandise request). We will assist you with your concern and review your request, and at our option, issue you a Return Authorisation number, help assist you with a solution to rectify the issue. If we issue you a Return Authorisation number, please complete as requested before returning your product to us within 7 days of receiving RMA. You acknowledge that by issuing you with a Return Authorisation number, we are not representing that your warranty claim is valid or that you will be entitled to have your product repaired or replaced, or a refund provided in relation to that product.
16.6 Upon receipt of the returned product, we will fully examine it and notify you, within a reasonable period of time, whether you are entitled to a refund, exchange, return to the manufacturer or repair agent for repair/evaluation as a result of the defect. Goods presented for repair may be replaced by manufacturer-refurbished goods of the same type rather than being repaired or the supply of equivalent goods. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment. The time it takes for you to actually receive a refund will depend on how quickly your financial institutions processes the refund
16.7 It’s a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. You are also encouraged to use the original packaging where possible in order to avoid damage in transit.
16.8 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
16.9 Items that have been marked as on backorder may be requested to have the item cancelled and be refunded for the item if payment has been received.
16.10 You must pay for return shipping.
16.11 If an RMA is issued all goods need to be returned within 7 days of issue of RMA.
17. ONSITE SERVICES – SOUTH AUSTRALIA ONLY
17.1 Onsite services only available in SOUTH AUSTRALIA metro areas.
18. UNCLAIMED ITEMS
18.1 Once your equipment has been repaired, declared irreparable or awaiting a response from you. It must be collected or returned within 30 days from the time you are informed. If you fail to collect or make arrangements to have the equipment returned we will dispose of, recycle or sell the equipment to recover costs.
18.2 You must pay for return shipping.
19. FORCE MAJEURE
LED-me will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
Complaints must be reported as soon as possible and within 7 days of the problem occurring.
21. THIRD PARTIES
LED-me does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and our services but not for any other use.
22. LINKS TO OTHER WEBSITES
22.1 LED-me may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between LED-me and the owners of those websites. LED-me takes no responsibility for any of the content found on the linked websites.
22.2 LED-me’ website may contain information or advertisements provided by third parties, for which LED-me accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
23. DISCLOSE YOUR INFORMATION
LED-me may be required, in certain circumstances, to disclose information in good faith and where LED-me is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
24. EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they are business users or domestic users, then you are a competitor of LED-me. LED-me expressly excludes and does not permit you to use or access our website, to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then LED-me will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. LED-me reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
25. COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
25.1 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
25.2 LED-me expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
25.3 Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
25.4 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
26. WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and LED-me concerning your use and access to LED-me website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
27. EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of South Australia and Australia. If there is a dispute between you and LED-me that results in litigation then you must submit to the jurisdiction of the courts of South Australia.
29. WE APPRECIATE YOUR BUSINESS
If you have any questions, concerns or feedback, please CONTACT US and we will respond as soon as we can.