TERMS AND CONDITIONS
Welcome to DOWNLIGHTS website. Please read these conditions carefully before using the website. By using the website and/or purchasing through the website, you signify your agreement to be bound by these terms and conditions and that you have read and understood them.
DOWNLIGHTS reserve the right to update or modify these terms and conditions at any time. When changes are made, we will make the revised version available on this web page and update the date above.
We value your comments and are always interested to learn how you feel we can improve. You understand and agree that we may use your submitted comments, ideas or feedback without any restriction or compensation to you and that any feedback you choose to submit is not confidential information.
• Only order Products in accordance with the instructions on this website; and
• Pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge your Credit Card.
• Your credit card will be charged with “DOWNLIGHTS NZ”
• You warrant that you are authorised to use your Credit Card Account by the relevant credit card company.
• We may cancel orders if we believe that they are fraudulent, or if an error has occurred, including, without limitation, listing with an incorrect price or information.
• Orders placed are subject to availability. We shall not be obliged to supply the Product to you until we have accepted your Order. Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. We may at our discretion refuse to accept an Order from you for any reason.
The product prices listed on this website are in New Zealand dollars and all prices are the same for Australian and overseas customers. Where applicable local taxes are shown and included in the price. We do not adjust the prices for GST.
Occasionally, we are required to package the Products in a non-standard manner. We will notify you that we may charge for the additional packaging costs in addition to the costs set out above.
We may alter the prices of the Products at any time without notice.
We use a secure online Visa or Mastercard transaction facility.
We will deliver the Products ordered to the address provided in your order at the specified costs, unless provided as a promotion, within a reasonable time of accepting your order. If we have specified a delivery date, we will try our best to deliver the Products to you by that date. We rely on our affiliated courier company to do their best to deliver to you on time. Late delivery does not entitle you to cancel any order for part of any order.
Please review our RETURNS POLICY which applies to all products purchased from us.
We list availability information for products sold by us on the website, including on each product information page. From time to time, an item is out of stock and we will do our best to contact you to make an appropriate substitution. Should we fail in contacting you, we will replace the item ordered with the most suitable item available at the same dollar value.
This website contains link to other websites. Those links are provided for convenience only and many not remain current as maintained. DOWNLIGHTS is not responsible for the content or privacy practises associated with linked websites. DOWNLIGHTS does not guarantee, endorse or adopt the accuracy or completeness of content on any third-party website. DOWNLIGHTS is not responsible for updating or reviewing content on third party websites. You use third party websites at your own risk.
If the information is not provided, your order may not be processed.
You have rights of access to and to request correction of your personal information. To do so contact DOWNLIGHTS at email@example.com
We respect the intellectual property of others and we expect that you acknowledge we remain the sole owner or licensee of all Intellectual Property rights of our products. You may not copy, alter, reproduce or publish any product or part of a product or our name and logo, product images and descriptions, site design, text, graphics, images and trademark without express written consent from DOWNLIGHTS LTD.
DISCLAIMER AND INDEMNITY
Our websites provide general information about DOWNLIGHTS and the products and services we offer. The information contained in the site has been prepared solely for the purpose of providing information about DOWNLIGHTS. All included content is provided on an “as is” basis without warranty.
We reserve the right to alter, suspend, add to, or discontinue the Sites and Services in whole or in part at any time for any reason, without notice or cost. The Sites may become unavailable due to maintenance or malfunction of computer equipment, servers, or other reasons. We assume no responsibility for your ability to obtain access to the Sites.
DOWNLIGHTS shall not be liable to you or any third parties for any direct, indirect, special consequential or punitive damages allegedly sustained arising out of your access to or inability to access the site. This includes viruses alleged to have been obtained from this site, your use or reliance on the site or any of the information or materials available on the site, regardless of the type of claim or the nature of the cause of the action.
We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
You agree to indemnity and keep us indemnified against all loss (including, without limitation, loss of profits) costs, damage, expense or injury whether direct, indirect, special or consequential, arising directly or indirectly from, or in connection with, your access to, or use of , the Site, or the supply or non-supply of products.
We may amend these Terms from time to time without notice and the amendments will take effect 7 days after the changes have been posted on this Site.
GOVERNING LAWS AND JURISDICTION
DOWNLIGHTS is a privately held New Zealand company operating under New Zealand law.
For any dispute you have, you agree to first contact us and attempt to resolve the dispute with us informally.
If an informal resolution is not able to be reached, disputes shall be governed and construed in accordance with the laws of New Zealand. Both we and you hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
CUSTOMS AND DUTY CHARGES
International orders may be subject to local tax, charges and customs duties. Any such costs and associated fees, if applicable, will be charged once the goods reach its destination country. These charges must be paid by the recipient of the goods. We have no control over these charges and cannot predict what they will be.
We cannot be held responsible for any additional charges on your order, nor can we accept a return of the order in this case. Customs policies vary widely from country to country, so please contact your local customs office for further information.
“Cookies” are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you agree to allow it) that enables the sites or service providers systems to recognise your browser and capture and remember certain information.
This helps us analyse data about web traffic and improve our website in order to tailor it to our customers needs. We only use this information for statistical analysis purposes and then the data is removed from the system. The service providers we use are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
DOWNLIGHTS GIFT VOUCHER CONDITIONS
Gift vouchers are online vouchers only. Purchase of gift vouchers can be made from the site and only be redeemed from the site, nor from any DOWNLIGHTS stockists.
We cannot accept any responsibility for stolen or lost gift vouchers.
Gift Vouchers are purchased in New Zealand dollars and are valued for 12 months from the date of issue. Gift vouchers may not be returned or redeemed for cash and are non-transferrable.
Gift vouchers will be emailed to the recipient’s email address stated at the time of purchase and a confirmation sent to the purchaser as a receipt. DOWNLIGHTS are not responsible for delivery of gift vouchers to an incorrect or non-existent email address so please check the details carefully. Make sure your recipient has received their Gift Voucher, as it is their responsibility to keep the Gift Voucher details safe.
NO RESELLER ACTIVITY
You may not sell or resell any of the products, services or samples you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or products or services to be provided to you if we believe, in our sole discretion, may result in the violation of our terms and conditions.