Website Terms & Conditions of business
1. These terms
1.1 What these terms cover
These are the terms and conditions on which we sell or supply our products to you.
1.2 Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Accepting this Agreement
(a) By using the Website, you agree to:
(i) comply with and be bound by the terms and conditions of this Agreement.
(ii) pay the amounts in relation to the transactions you perform on this site.
(b) If you do not agree to these terms, you have no right to obtain information, make purchases or otherwise continue using the Website.
(c) These terms are binding on any use of the Website and apply from the time you first access it.
(d) It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.
(e) We may amend this Agreement at any time by posting with 14 days’ notice the new terms and conditions on the Website.
(f) Any terms of this Agreement at the time you conclude the purchase of products via this Website is the version which will apply to that transaction.
2. Information about us and how to contact us
2.1 Who we are
We are The Daylight Company Pty Ltd, a company registered in Australia. Our company registration number is 109 596 143.
2.2 How to contact us
You can contact our Australian office by telephoning our customer service team on 07 3283 3092 or by writing to us at [email protected] or PO Box 667 – Aspley,QLD 4034, Australia.
2.3 How we may contact you
If we must contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4. Our products
4.1 Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary
The packaging of the product may vary from that shown in images on our website.
5. Our rights to make changes
5.1 Minor changes to the products
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6. Use of the website
6.1 We do not sell directly online in Australia
Our website is solely for the promotion of our products in Australia. We do not sell online on daylightcompany.com/au . Please visit our store locator to find a stockist near you.
6.2 Website not locally available
You acknowledge and agree that the Website will only be accessible using the internet (or other connection to our third party servers), and will not be available “locally” from your own servers.
6.3 Parts of the Website controlled by third parties
You acknowledge and agree that the Website is operated from servers owned and controlled by a third party. You acknowledge that certain functions are out of our control, including data storage and backup.
6.4 We can change the Website at Discretion
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove products from, redesign, improve or otherwise alter the Website at our sole and absolute discretion.
6.5 Unintentional inaccessibility
From time to time, without notice, access to all or part of the Website may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Website as soon as practicable.
6.6 Intentional inaccessibility
We reserve the right to make some or all of the Website inaccessible from time to time as is required for upgrades, maintenance and updates.
(a) You acknowledge and agree that there may be technical or administrative errors in the information on the Website, including but not limited to errors with respect to product description, pricing and availability.
(b) We reserve the right to do any of the following, at our absolute discretion, without notice:
(i) correct any errors in the Website; or
(ii) update the Website.
6.8 Security Responsibilities
We will take reasonable steps to ensure that the Website is secure from unauthorised access consistent with generally accepted industry standards including SSL encryption when passing payment details to the payment gateway provider. However, our security responsibilities to you extend no further than those set out in these terms.
6.9 Your Warranties
You warrant that you:
(a) are over the age of 18;
(b) have the requisite authority to enter into this Agreement; and
(c) have authority to use the payment method you select.
7. Our Guarantee
Please refer to our 2 Year Guarantee policy which can be found on our website.
8. If there is a problem with the product
8.1 How to tell us about a problem
If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 07 3283 3092 or by writing to us at [email protected] or PO Box 10 – Northgate QLD 4013,Australia
9. How we may use your personal information
9.1 how we may use your personal information
10. Other important terms
10.1 Which laws apply to this contract and where you may bring legal proceedings?
These terms and our contract with you are governed by Queensland and Australian law and you can bring legal proceedings in respect of the products in the Australian courts. You submit to the non-exclusive jurisdiction of the courts of Queensland.
Agreement means this document and any additional policies available on the Website.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Intellectual Property Rights means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non-Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth) and other consumer protection laws), which cannot by law be excluded.
Website means the website located at www.daylightcompany.com/au