20 August 2020
1. Acceptance of Terms and Conditions
Lightplan Limited (“Lightplan”) is the company operating the business known as “Lightplan” and variations of that name. The terminology Lightplan may be used interchangeably throughout these Terms and Conditions to describe either the company or the Services.
These Terms and Conditions are the terms on which Lightplan sells you products. By purchasing from Lightplan you accept these Terms and Conditions and confirm that you understand them. If you do not accept these Terms and Conditions, you must refrain from purchasing any Product from Lightplan.
On purchasing from Lightplan, a legally binding Agreement is formed between you and Lightplan based on these Terms and Conditions, and that Agreement governs the terms of your purchase. These Terms and Conditions, any policies referred to in it, and any Orders you place, are deemed to be together the Agreement detailing your relationship with Lightplan.
Any reference to the singular also means a reference to the plural, and vice versa.
2. Amendment of Terms and Conditions
Lightplan may amend these Terms and Conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Terms and Conditions to the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions whenever you place an Order, as the Terms and Conditions displayed on the Website when the Order is placed will be the Terms and Conditions that apply to that Order.
Your purchase of any Product from Lightplan signals your acceptance of the Terms and Conditions as amended and then in place .
If for any reason the Website is not available, or the Terms and Conditions are not accessible through the Website, the Terms and Conditions can be provided to you when requested from Lightplan. You agree that, should the Website be unavailable and/or the Terms and Conditions are not accessible on the Website, that the Terms and Conditions that were most recently provided by Lightplan, either directly to you or as previously available on the Website, will be the Terms and Conditions that apply to any Order placed.
3. Additional Terms and Conditions and Policies
4. These Terms and Conditions were last updated at the date shown at the top of these Terms and Conditions.
In these Terms and Conditions, the following expressions have the meanings as set out below:
Item means any goods that may has been bought through the Websitefrom Lightplan;
Order means any purchase of Items and/or Services by You from Lightplan;
Services means any one or more of the Services offered by Lightplan or Lightplan’s wholly or majority owned subsidiaries, from time to time;
We, Us and Our are a reference to Lightplan;
Website means any the Lightplan website accessible at lightplan.co.nz;
Working Day means any day in Auckland New Zealand that is not a Saturday, Sunday, Public Holiday, or falls on or between 25 December and 5 January.
You and “Your are a reference to you.
7. No Tolerance Policy
Lightplan has a no tolerance policy regarding fraud and fraudulent behaviour.
We will report credit card fraud, and all other forms of payment or bank fraud, to the relevant authorities for any Order or attempted Order where we believe a user is attempting to commit a crime. By using the Website and placing an orderOrder, you agree and acknowledge that we may provide details of your Oorder to the relevant authorities if we believe, at our sole discretion, that a crime is being committed.
8. The Items and Services
Lightplan provides the sale of lights, lighting fixtures, bulbs, and related goods (the Items).
Lightplan may, from time to time, also offerprovides design Services, and may provide other Services from time to time. These Services may be in conjunction with Items purchased from Lightplan, or may be separate. These will typically be subservient to the sale of the Items, and typically either related to the sale, delivery and/or installation of the items, or related to the operation of the Website.
Unless clearly stated otherwise, no Service is included or guaranteed with any Item purchased from Lightplan. Services may only be provided at a cost to the Website User.
All amounts are in New Zealand dollars unless otherwise stated.
All amounts shown on the Website for consumer Orders are inclusive exclusive of GST unless otherwise stated.
Trade prices, for those accessing the Website via a trade Account, are shown excluding GST.
No interest or other financial charges will be applied, unless otherwise stated in these Terms and Conditions.
10. Consumer Guarantees Act 1993 and Fair Trading Act 1986
You agree that, if you are not a consumer as defined in the Consumer Guarantees Act 1993, that it is fair and reasonable that the provisions of the Consumer Guarantees Act 1993 do not apply.
You agree that sections 9, 11, 12A, and 13 of the Fair Trading Act 1986 do not apply to any sale from the Website.
Lightplan will retain all risk on any Item that is Ordered while the Item remains in Lightplan’s possession.
You agree and acknowledge that you will assume all risk, as far as permitted by law, when the Item is either collected from Lightplan by yourself or by a third party, no matter whether the third party is arranged by Lightplan or yourself.
12. Limitation of Liability
You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Lightplan to you or any other person under or in connection with these Terms and Conditions, or in connection with the Services, the Website, any Item, or any Order, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Lightplan’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
If it is found that Lightplan is liable, then you agree that Lightplan’s liability to will be limited to the purchase price of the Item against which any claim in made, or the Service provided. Where multiple of the same Item is contained in an Order, you agree that the liability to limited to the purchase price of the individual Items that caused the claim.
You agree to release, indemnify and keep Lightplan (and Lightplan’s employees) indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us arising out of or in connection with your failure to comply with these Terms and Conditions, or your failure to comply with legislation.
Without limiting any other rights and remedies available to Lightplan, Lightplan may refuse to supply any Service, or refuse to supply any Item from any Order if you breach these Terms and Conditions or if Lightplan considers it is appropriate to do so.
You agree that Lightplan’s decision on any such decision made under clause 14a is final and is at the sole discretion of Lightplan. Lightplan are not required to provide you with any reason as to why such action was taken. You will be refunded for any Item or Service which you have paid for but which Lightplan does not supply under this clause. You agree that, in such a situation, Lightplan will not be required to pay interest or to compensate for any damage, loss, cost, or any other financial impediment that Lightplan’s decision may cause to you or any other party.
15. Accuracy of Information
You warrant that you have provided complete and accurate information when placing an Order for any Item and/or Service from Lightplan.
Lightplan recommends that You maintain and update Your information held by Lightplan to ensure it is kept current at all times. Lightplan may call or mail You to verify these details if it feels it has a reasonable need to do so.
16. Emails, Newsletters, Messages and Notifications
Lightplan may send you emails or other electronic messages relating to your account, Orders, and for promoting and marketing other Lightplan Items and Services to you. Lightplan may also send You regular electronic newsletters. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
Such notifications may be necessary for Lightplan to provide the Services. While Lightplan will comply with the Unsolicited Electronic Messages Act 2007, any messages that must be sent to facilitate an Order of which you are a party will be sent, even if you have unsubscribed from communications, as these are not considered as a commercial electronic message as per s6(b)(ii) and s6(b)(iv) of that Act.
17. Termination of Ordering Rights
Lightplan reserves the right to refuse to provide further Services or Items without entering into further discussions with you. Without limiting the foregoing, Lightplan may terminate your right to place an Order if:
if Lightplan, at its sole discretion, deems Your behaviour towards Lightplan, its staff or agents, to be unacceptable.
When limiting your activities, Lightplan may consider offsite conduct such as prior criminal convictions, insolvency, harassment to Lightplan staff or agents, or any other conduct that Lightplan’s community, goodwill or systems at risk. In the event of termination, you also agree that you will not attempt to Order from Lightplan in any other way to bypass the termination.
18. Dispute Resolution
Should a dispute arise between You and Lightplan, the Parties agree to follow the following steps:Nothing in clause 18a above will prevent either party from seeking injunctive relief from an appropriate court, where failure to do so would result in irreparable damage to the party concerned.
Either party may write to the other party to give them notice of the dispute (“Dispute Notice). Both parties agree to use their reasonable endeavours, acting with good faith, to resolve the dispute.
If the dispute is not resolved within 21 working days of the Dispute Notice, either payment may initiate mediation by informing the other party in writing (“Mediation Notice”).
If the parties have not agreed on a mediator within 10 working days of the Mediation Notice, or if the Parties agree that a mediator cannot be agreed to, either party may ask the Chairperson of the New Zealand Law Society to nominate an Auckland, New Zealand based mediator for the purpose of the dispute.
Unless the Parties otherwise agree, any mediation will take place in Auckland, New Zealand.
The proceedings will then continue, with both Parties agreeing to work with the mediator to resolve the dispute, but with all discussions to be on a “without prejudice” basis.
The mediator’s costs will be allocated by the mediator in whatever proportion they believe is fair based on the dispute.
If the dispute is not resolved within 30 working days of the Mediator being appointed, either party may then commence court proceedings.
Nothing in clause 18a above will prevent either party from seeking injunctive relief from an appropriate court, where failure to do so would result in irreparable damage to the party concerned.
19. Force Majeure
Lightplan has no liability for any lack of performance, inability to provide Items, unavailability or failure of Services, or for any failure of Lightplan to comply with these Terms and Conditions due to any cause reasonably beyond the control of Lightplan including, but not limited to, a pandemic.
20. No Waiver of Rights
If Lightplan do not exercise or enforce any right available to Lightplan under these Terms and Conditions, it does not constitute a waiver of those rights or Lightplan’s right to act with respect to subsequent or similar breaches.
21. Partial Invalidity
22. Governing Law
These Terms and Conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. You agree that any action must be initiated in a court in Auckland.
23. Intellectual Property Rights
Lightplan (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights for any material provided by Lightplan (including text, graphics, logos, icons, designs, video and sound recordings) (“Intellectual Property”).
You may not, without Lightplan’s prior written permission, in any form or by any means, adapt, reproduce, copy, sell, distribute, print, display, perform, publish or create derivative works from any of the Intellectual Property.
24. Entire Agreement
These Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement between the Parties relating to the subject matter of these Terms and Conditions.