PLEASE READ THESE TERMS OF SALE CAREFULLY. They contain important information about your rights and obligations when purchasing products from PureGlare.
1. Application of These Terms
These Terms of Sale apply to the purchase of projector replacement lamps, TV lamps, halogen lamps, medical and optical equipment lamps, projector accessories, and other related products and services ("Products") sold by PureGlare Pty Ltd ("PureGlare", "we", "us" or "our") through the PureGlare website at www.pureglare.com.au (the "Website").
In these Terms, "Customer", "you" or "your" means the person or entity placing an order for Products with us.
By placing an order through the Website, you agree to these Terms of Sale, together with any other terms expressly applicable to the relevant Product or order.
These Terms apply to the exclusion of any additional or inconsistent terms contained in a purchase order, correspondence or other document submitted by you, unless we expressly agree otherwise in writing.
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other rights that cannot lawfully be excluded, restricted or modified.
2. Orders and Acceptance
An order placed through the Website constitutes an offer by you to purchase the Products specified in the order.
We may accept or decline an order at our discretion. An order is accepted when we confirm acceptance of the order or dispatch the Products, whichever occurs first.
We reserve the right to refuse or cancel an order where:
- the Product is unavailable;
- there is an error in the Product description, price or availability;
- we reasonably suspect fraudulent or unauthorised activity;
- the order cannot be fulfilled for reasons beyond our reasonable control; or
- the order otherwise cannot reasonably be fulfilled.
If we cancel an order after payment has been received, we will refund the amount paid for the cancelled Products.
3. Prices and Payment
Unless otherwise stated, all prices displayed on the Website are in Australian dollars (AUD) and include GST where applicable.
Payment must be made using one of the payment methods made available through the Website.
We may change prices at any time before an order is accepted. Once an order has been accepted, the price applicable to that order will generally be the price confirmed at the time of purchase, except where an adjustment is required by law or results from an obvious pricing or processing error.
For approved business accounts with payment terms, payment must be made by the due date stated on the relevant invoice.
If an amount remains overdue, we may suspend further orders or deliveries until the outstanding amount is paid.
To the extent permitted by law, we may charge reasonable costs incurred in recovering overdue amounts.
4. Delivery
We will arrange delivery to the address specified in your order.
Delivery times provided by us are estimates only unless expressly stated otherwise. We are not responsible for delays caused by circumstances outside our reasonable control, including carrier delays, severe weather, natural disasters, industrial action, transport disruptions, government action or other events beyond our reasonable control.
You are responsible for providing an accurate and complete delivery address.
Where a delivery address is incorrect or incomplete and additional delivery costs are incurred as a result, you may be responsible for those reasonable additional costs, except where the error was caused by us.
Risk in the Products will pass to you in accordance with applicable law.
For consumer purchases, nothing in these Terms limits any rights you may have under the ACL in relation to delivery, loss or damage.
5. Inspection on Delivery
You should inspect the Products as soon as reasonably practicable after delivery.
If the Products appear to have been damaged during delivery, you should notify us as soon as reasonably practicable and provide photographs or other reasonable evidence of the damage where requested.
This does not limit any rights you may have under the ACL.
6. Product Information and Compatibility
We make reasonable efforts to ensure that Product descriptions, specifications, images and compatibility information on the Website are accurate and current.
However, specifications and availability may change, and minor differences in appearance, packaging or labelling may occur.
For replacement lamps and other equipment-specific Products, you are responsible for ensuring that the Product ordered is suitable for your equipment unless we have expressly confirmed compatibility.
If you are uncertain about compatibility, we recommend contacting us before placing your order.
Where compatibility information has been provided by us in writing based on information supplied by you, that information will be considered in assessing any subsequent issue with the Product.
7. Consumer Guarantees
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
These rights are in addition to any manufacturer's warranty or warranty provided by PureGlare.
Nothing in these Terms is intended to exclude, restrict or modify those rights.
Australian Consumer Law consumer guarantees apply automatically and cannot be removed by a business's terms and conditions.
8. Warranty
Where a Product is covered by a specific PureGlare warranty or manufacturer's warranty, the applicable warranty terms will apply.
A warranty is provided in addition to, and does not replace or limit, your rights under the Australian Consumer Law.
Any warranty conditions must be complied with to the extent that they are lawful and do not exclude or limit your rights under the ACL.
9. Returns and Change of Mind
Our returns policy is available on the Website and forms part of these Terms to the extent applicable.
Our returns policy does not limit or exclude any rights or remedies available under the Australian Consumer Law.
Where a Product is not faulty and you simply change your mind, a return, exchange or refund will only be available if permitted under our applicable change-of-mind or returns policy.
Where a Product fails to meet a consumer guarantee, we will provide the remedy required by the Australian Consumer Law.
Consumers are generally not entitled to a refund merely because they have changed their mind, unless the business has offered a change-of-mind policy.
10. Returns Process
Before returning a Product, please contact us to obtain return instructions or, where applicable, a return authorisation.
Products should be returned in accordance with our return instructions.
Where a return is required because of a fault, failure to meet a consumer guarantee, incorrect Product supplied by us, or another matter for which we are responsible, we will deal with the return and associated costs in accordance with applicable law.
For change-of-mind returns, where such returns are offered under our policy, the applicable conditions, exclusions and return costs will apply.
11. Cancellation or Changes to Orders
Requests to cancel or change an order should be made as soon as possible after the order is placed.
We will use reasonable efforts to accommodate cancellation or change requests before the Product has been dispatched.
Once an order has been processed, dispatched or specially sourced or manufactured, cancellation or modification may not be possible.
Where cancellation or modification is permitted, reasonable costs already incurred by us may apply, subject always to your rights under the Australian Consumer Law.
12. Special Orders and Custom Products
Products specially ordered, sourced, configured or manufactured for a Customer may be subject to additional terms notified at the time of order.
Where a Product is specially sourced or manufactured at your request, cancellation may not be available once procurement or production has commenced, except where required by law or otherwise agreed by us.
Nothing in this section limits any rights you may have under the ACL.
13. Limitation of Liability
To the maximum extent permitted by law, PureGlare will not be liable for indirect or consequential loss arising from the supply or use of a Product, including loss of profits, loss of revenue, loss of business opportunity or loss of time.
However, this limitation does not apply to any liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
Where the ACL permits a supplier to limit liability in relation to goods or services, PureGlare's liability may be limited to the extent permitted by law.
Nothing in these Terms excludes liability for fraud, wilful misconduct, or any other liability that cannot lawfully be excluded or limited.
14. Events Beyond Our Reasonable Control
We will not be liable for any delay or failure to perform an obligation where that delay or failure results from circumstances beyond our reasonable control.
Such circumstances may include natural disasters, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, industrial disputes, transport disruption, power failure, supply shortages, government action, carrier delays or other circumstances beyond our reasonable control.
If such an event materially affects an order, we will use reasonable efforts to notify you and minimise the impact.
15. Intellectual Property
Unless otherwise stated, all intellectual property rights in the Website, including text, images, graphics, logos, product descriptions and other content supplied by PureGlare, remain the property of PureGlare or its licensors.
You must not reproduce, modify, distribute or commercially exploit such material without our prior written consent, except where permitted by law.
Product names, trademarks and logos belonging to third-party manufacturers remain the property of their respective owners.
16. Third-Party Products and Manufacturers
Some Products sold by PureGlare are manufactured by third parties.
Where a Product is subject to a manufacturer's warranty, the manufacturer's warranty may apply in addition to any rights and remedies available under Australian law.
We do not represent that we are the manufacturer of a Product unless expressly stated.
Nothing in these Terms limits any rights or remedies you may have against us under the Australian Consumer Law.
17. Business Customers
Where you acquire Products wholly or predominantly for business or commercial purposes, different provisions of the Australian Consumer Law may apply depending on the nature and value of the transaction.
If you purchase Products for resale, you are responsible for complying with any applicable laws and regulations governing your resale of those Products.
Where permitted by law, the terms applicable to an approved business account may include separate payment, credit, delivery or trading conditions agreed between you and PureGlare.
18. Privacy
Personal information collected in connection with an order will be handled in accordance with our Privacy Policy.
By placing an order, you acknowledge that we may collect and use information reasonably necessary to process your order, arrange delivery, process payment, provide customer service and comply with our legal obligations.
19. Governing Law
These Terms and any contract formed between PureGlare and a Customer are governed by the laws of New South Wales, Australia.
To the extent permitted by law, the parties submit to the jurisdiction of the courts of New South Wales and courts competent to hear appeals from them.
Nothing in this clause prevents a consumer from exercising any right to bring proceedings in another jurisdiction where that right cannot lawfully be excluded.
20. Dispute Resolution
If you have a concern regarding an order or Product, please contact us first so that we have an opportunity to investigate and resolve the matter.
We will make reasonable efforts to resolve complaints promptly and fairly.
Nothing in this clause limits any statutory right you may have to make a complaint to a relevant government or consumer protection authority or to commence legal proceedings.
21. No Waiver
A failure or delay by either party to exercise a right under these Terms does not constitute a waiver of that right.
A waiver must be made expressly and in writing.
22. Entire Agreement
These Terms, together with the relevant order confirmation, applicable Product-specific terms, warranty terms, returns policy and any other terms expressly agreed in writing between the parties, constitute the agreement between PureGlare and the Customer in relation to the relevant purchase.
If there is an inconsistency between these Terms and a mandatory provision of applicable law, the mandatory provision will prevail.
23. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply to the extent permitted by law.
24. Assignment
You may not assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.
PureGlare may assign or transfer its rights or obligations under these Terms as part of a sale, restructure or transfer of all or part of its business, provided that doing so does not adversely affect any rights you have under applicable law.
25. Further Information
Our current returns and refund policy is available at:
Please refer to the Website for the current returns, warranty, shipping and other applicable policies.
26. Contact Us
If you have any questions about these Terms of Sale, an order, Product compatibility, returns or warranty matters, please contact us.
