Terms & Conditions
ATL Designer Lighting Limited
(www.atllighting.co.nz & www.atldesignerlighting.co.nz)
Acceptance of terms
These terms and conditions govern all supply of goods and services ("products") by ATL LIGHTING LIMITED ("ATL DESIGNER LIGHTING", "we”, "us", “our”) to the purchaser (“you”, “your”) of goods and services from us, including your use of the website at https://www.atllighting.co.nz/ ("the website"). They are effective from JULY 2022.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
In light of the current global supply chain inefficiencies some products may have long lead times. Should purchased products be on back-order, lead times will be advised and refunds/credits offered where these lead times make the purchase non-viable.
Delivery and delivery charges
Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
We only deliver to New Zealand street addresses unless specific arrangements are made with us directly. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket. All delivery charges are passed on to the purchaser at cost.
We will use all reasonable endeavours to ensure that orders will be dispatched promptly after an order has been placed.
All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
An invoice will be emailed to you at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
Returns and Warranties
PLEASE NOTE: We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy. However, some agreement may be met should you contact us prior to the goods being opened and/or installed and you agree to cover the costs, if any, of returning the goods and/or any restocking costs that may be incurred from our suppliers.
CONSUMER GUARANTEES ACT 1993 (CGA)
If the CGA applies, these Terms shall be read subject to the Purchaser’s rights under the CGA, provided that where the Purchaser is procuring Product and Services for business purposes the CGA shall not apply.
For more information, please refer to: https://www.consumerprotection.govt.nz/general-help/ways-to-buy-and-pay/online-shopping/
You may not cancel any order for Products and Services without our written consent. If you do so, in addition to any other rights we may have, we may retain any deposit paid, or, may charge a 15% restocking fee for any goods returned or uncollected.
Without prejudice to any other remedies available to us we may cancel these Terms at any time, without notice if:
you commit any breach of these Terms or if you commit any act of bankruptcy or being a company an application is made or resolution is passed for it winding up or being a company a receiver of its assets or any of them is appointed or if any execution or distress shall be levied upon the Products and Services or if any judgement against you shall remain unsatisfied for seven (7) days or more or if you make an assignment or compromise for the benefit of your creditors or being a company are placed under statutory management or if it ceases to carry on business.
an event occurs or information becomes known to us, which in our opinion, might materially affect your creditworthiness, the value of the Products and Services that are subject of the Security Interest, or your ability or willingness to comply with its obligations under these Terms or any other agreement.
Except to the extent of written warranties given by us to you, all warranties and representations including those expressed or implied by law, in respect of the Products and Services sold are excluded to the extent permitted by law.
We shall not be liable:
where you have altered or modified the Product, mis-applied the Product, or subjected it to any unusual or non-recommended use, servicing or handling;
for loss caused by any factor beyond our control;
for any indirect or consequential loss of any kind;
for any second-hand goods;
where the terms of any written warranty have not been complied with, or any manufacturers’ handbook provided to you has not been complied with.
Our total liability under any warranty for defective or damaged Products and Services supplied by us is limited at its option to either:
replacing or repairing the defective or damaged Product; or
refunding the price of the defective or damaged Product.
Where we elect to repair defective Products, we will use reasonable endeavours to repair the Product, as soon as practical, but will not be liable for any delay in completing the repairs.
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade.
We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises.
Applicable Law and Jurisdiction
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
Unless you opt to receive messages from us, we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above-mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time.
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at https://www.atllighting.co.nz/.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.