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KRUSHAW PTY LTD reading as SINTECH LIGHTING
ABN: 47 637 994 533
website: sintechlighting.com.au
1. General
1.1. These terms and conditions constitute a legally binding contract between the customer ("you") and KRUSHAW Pty Ltd (ABN: 47 637 994 533) ("sintech", "us","we", "our") trading as "Sintech Lighting" of Unit 1 / 19 Expo Court ASHMORE QLD 4214, and apply to ordering purchase, fulfillment and delivery of goods ("GOODS") & ("SERVICES") from "sintechlighting.com.au").
1.2. By placing an order AND / OR REGISTERING for an account for GOODS & SERVICES from sintech you agree to these Terms and Conditions.
1.2.1. By browsing and using this website, you agree to these Terms and Conditions.
1.3. In the event of any inconsistency, shall where otherwise expressly Provided in this Agreement, shall prevail over any terms and Conditions of any offer or communication by or from the buyer.
2. Website Information
2.1. Images of goods published on this website without any price or a ($0) zero price are not offered for sale.
2.2. Photographs are for illustrative purposes only and may vary from goods depicted or described.
2.3. We may at anytime, add or remove content on this website without notice.
2.4. Any articles, information or content published on this website must be read subject to these Terms.
2.5. We make our best endeavours to confirm the accuracy of any information published on this website, you agree that sintech cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to sintech or by manufacturers or suppliers changing product specifications without notice to us. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
2.6. The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independence advice before acting or replying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, materials or service via email.
2.7. This website may feature or display third party advertising or video content. By featuring or displaying such advertising or content, we do not in any way recommend or endorse the relevant advertiser, its products or services.
2.8. We will not be liable errors nor any third party errors in content, or for any actions you take in reliance to them. You nor any other person hold us liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
2.9. We may promote, advertise or sponsor functions, event, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. sintech does not accept any responsibility in connection with you participation in activities conducted by any other party.
3. Use of Website
3.1. You agree to use this website only for the purposes that are permitted by these terms, any applicable law or regulation and/or generally accepted practices or guidelines.
3.2. You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
3.3. You understand and agree that any suspected fraudulent, abusive, or illegal activity will be referred to the appropriate law enforcement authorities.
3.4. We may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at our discretion and without prior notice to you.
3.5. We may at our sole discretion restrict you access to this website. This may prevent you from accessing all or parts of the website, including your account details and other content in your account including rewards and vouchers. We will not be liable to you or any third party for doing this.
3.6. If we permanently limit access to your account, your Rewards and Vouchers will be forfeited and will not be exchangeable for cash or products.
3.7. Websites are subject to interruption and breakdowns, this website is offered on an "as is" and "as available" basis.
3.8. We may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms. sintech may withdraw this website, or change or remove website functionality at any time without notice to you.
4. Pricing
4.1 Prices for Goods and Service are shown on the website to the best of our ability.
4.2. sintech reserves the right to change the prices at any time without notice to you.
4.3. In addition to the price for the Goods, you may also need to pay a delivery charge as indicated during the checkout process. We reserve the right to cancel an order should the delivery charge cause us financial loss, or be significantly higher than anticipated due to location or size of order.
4.4. By placing an Order, you agree to pay the price for goods and delivery charge where applicable.
4.5. All prices and delivery charges are in Australian Dollars (AUD). Orders where the shipping address is in Australia, the price and delivery charge is GST inclusive (inc-GST) Orders where the shipping address is outside of Australia, the price and delivery charge is excluding GST (ex-GST) GST must be charged to all orders where we are shipping to an address inside of Australia. Tax Invoice, with ABN and compliant for Tax Accounting will be provided with all orders placed on this site.
4.6. Sintech Lighting is not obligated by an means, to match or beat advertised or competitor prices on products or services and has the sole right to these decisions to do so. Please give us the opportunity to consider all price matching as we would love your business.
4.7. Errors in pricing, sintech reserves to cancel or refuse an order that has been placed where there is an error on the website where the price is in error.
5. International Purchases
5.1. We ship to most parts of the world. Our website has restriction in place to ensure orders are secure and legitimate. Please contact us via email if your country does not appear in the registration process.
5.2. You as the purchaser are responsible for any taxes or liabilities that are incurred from destination Customs / Duties or other charges. Most countries customs agencies will stop and assess the local fees payable, please consider this and time delays being processed through government agencies.
5.3. International orders do NOT attract Australian GST therefore the price on the website will reflect an exclusive of GST price once your overseas address is entered.
5.4. We reserve the right to cancel any order where we believe to be a risk, we also reserve the right to change the freight charge if we will suffer financial loss, we will always give you the option to cancel with full refund before we make any changes.
5.5. Outside of AU & NZ --> If you would like is to ship to your overseas location, please contact us first. We will then quote you a price for shipping.
5.6. We offer Free Shipping to New Zealand however this is calculated based on order total and weight. Refer to 5.3 for possible changes / cancellations to heavy costly products to ship.
6. Delay in availability or delivery of goods
6.1. You agree and acknowledge that:
- (a) sintech does not guarantee the dispatch or delivery or availability of Goods within the estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your order or any other time frames otherwise specified by sintech or any of it's staff.
- (b) stock availability and events outside sintech's control may cause delays, or in some circumstances, prevent your goods from being delivered or available for pick-up in store.
- (c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter, Cyber Monday, Black Friday and public holidays.
- (d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including without limitation, the Australian Consumer Law), neither sintech nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expenses suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for picking up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
7. Refunds
7.1. Where sintech is obliged to refund your payment pursuant to these Terms and Conditions, sintech aims to initiate your refund within 2 business days. Please note that where Goods have been purchased using Gift Cards, the applicable refund will be processed back to the Gift Card/voucher. The additional time that it takes for your to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note if sintech is obliged to provide you a partial of your payment for specific Goods in your order, sintech will only refund the component of the delivery charge relating to the Goods with are subject to the refund. It is at the customers expense to return any items to us for any refund.
7.2. Except to the extended otherwise required by law (including, without limitation, the Australian Consumer Law), sintech will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. Returns / Faulty / Damaged Good
8.1. You should check your Goods as soon as they are delivered to you in order to ensure that:
- (a) they are what you ordered
- (b) they are not damaged or faulty. If this is not the case, you should contact sintech within 48 hours of receiving the goods. No claim can be made if notification falls outside this time.
- (c) Damaged Packaging - you may not be entitled to a refund or exchange just because the packaging is damaged during transit. Packaging of a product is designed to protect the item during transit, therefore if it is damaged, and the product is perfect, then the packaging has done its job.
8.2. When Returning Goods:
- Call / email or create a return via the website a return authorisation.
- Provide us with details of your purchase, a Tax Invoice or order number for us to verify your purchase.
- Include all packaging, bags, twist ties, instructions - all out of the box accessories including power supplies and cables.
- In the event of a change of mind purchase or full refund, all bonuses, free items must also be returned. The item must be in "perfect re-saleable condition" as originally received, as determined by sintech. Change of mind mind purchases NOT in as received / resaleable condition will be subject to a restocking fee of up to 20% or rejected completely.
- For Warranty Products, it only necessary to return the broken part for exchange.
9. Liability
9.1. Sintech Lighting shall not be liable, in respect of any claim, whether contractual, tortuous, statutory or otherwise, for any loss, damage, costs, product failure, expenses or other injury or harm suffered by the buyer or any other person in relation to, or arising out of the Goods and/or Services by Us. Sintech Lighting liability (if any) shall be limited, to redirecting , or common fault of transfer of goods or services at reasonable cost determined by us.
9.2. Our products require installation to some degree by a DIY person or Professional. Sintech Lighting is not liable for removal costs and re-installation costs for products that have been returned and passed testing. Due to third party influences and the nature of the fault, products returned testing ok will be charged at our standard rate ($120+GST/hour). It is at the buyers cost to have the item removed and made available back to us for repair or replacement with the exception of your rights under Australian Consumer Law.
10. Privacy
10.1. Sintech Lighting businesses highly value the strong relationships we have with our customers. Often these relationships have been built up over time and good service from us. The gradual introduction of data collection technology at Sintech Lighting is being handled with full and proper respect for the privacy of our customers. The data we collect is handled sensitively, securely and with proper regard to privacy. More information on privacy legislation is available from the Federal Privacy Commissioner at www.privacy.gov.au. Please see our Privacy Policy found in the links at the bottom of the site.
11. Title of Goods
11.1. Sintech Lighting shall retain title to all Goods supplied to the buyer until it has received payment in full of all sums due to it in connection with the supply and/or installation of the Goods. In the case of payment by cheque, bill of exchange or note, title shall not pass to the buyer until the same is honoured. If payment for any Goods or Services is overdue, Sintech Lighting is entitled, without prejudice to any of its other rights and remedies, to repossess, Goods, and, without notice.
12. Your Account
12.1. You can choose to checkout as a Guest or create an account on the website.
- Creating an account as a guest gives you: Reduced Checkout time, limited tracking and no rewards points or vouchers.
- Creating an Account with Password gives you access to Tracking, Rewards Points, order history, address book, marketing options and more options like sponsorship's.
12.2. You may not setup an account for someone else or in some else's name.
12.3. Ensure you enter all information accurately when create either account type, you warranty sintech all the information provided by you in relation to your Account is complete, true and accurate.
12.4. Incorrectly addressed orders, or addresses that cannot be found by the courier will be charged a re-delivery fee, return to sender fee or cancellation / restocking fee.
12.5. You must notify sintech immediately if you become aware of any actual or potential unauthorized use of your account or password.
12.6. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), sintech will not be liable to you , or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of
- (a) your account information being incomplete or inaccurate
- any unauthorized use of your password or account which takes place before you notify sintech whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12.7. If sintech suffers any loss, damage, cost or expense as a result of any unauthorized use of your Password or Account which takes place before you notify sintech then you must pay sintech the amount of loss, damage, cost or expense if sintech asks you to.
12.8. sintech may, at its sole discretion, terminate your Account or your use of the website at any time without notice and for any reason whatsoever. sintech reserves the right to change, suspend or discontinue all or any aspects of the website at any time without prior notice for any reason whatsoever.
13. Orders
13.1. You can place orders by following the instructions on the website
13.2. An order submitted by you is an offer by you to purchase the Goods for the price plus delivery charges as shown at the time of submission of your Order. sintech may accept or reject your offer in its absolute discretion. In particular, but without limitation, sintech may reject Orders for commercial quantities of Goods.
13.3. Each order that you place will, if accepted by sintech, be a separate and binding agreement between you and sintech with respect to the supply of the relevant goods, in accordance with these Terms and Conditions.
13.4. If you place an order for someone else to receive the Goods, you must obtain their consent before providing sintech with their personal information and, by placing an Order, you confirm to sintech that you have done this.
13.5. Sale of Restricted Goods is subject to various Commonwealth, State and Territory Laws. By placing an Order for any Restricted Goods you warrant to sintech that you are:
- (a) 18 years of age or older, where your Order products that are classified R18+:
- (b) 15 years of age or older, where you Order products that are classified MA15+:
13.6.When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
13.7. Please ensure that you enter all information carefully when placing an order. You warrant to sintech that all the information provided by you in relation to each Order is complete, true and accurate.
13.8. Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as an Order. We may not be able to change once the order has been process and on its way to you. sintech will use reasonable endeavours to cancel or change the order if it has not already been shipped but makes no representation that it will be able to do this.
13.9. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), sintech will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate as a result of being unable to change or cancel your Order once it has been accepted by sintech, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13.10. Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. sintech cannot guarantee consolidate Orders into one delivery.
13.11. Where you order more than one item in one Order, all Goods for which you Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are different types; or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good's weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery option.
13.12. The internet can be an unstable marketplace. At time the facility to place orders may not be available, you Order might not be received, your Order many be lost, or your Order might be delayed.
13.13. You must take you own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage you computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
13.14. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), sintech will not be liable to you, or any person, for any loss, damage, cost or expense arising out of or in connection with of any of the event set out in section 5.13. or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
13.15. We sometimes use 3rd parties to complete our orders, you acknowledge and allow sintech to share your personal details including, name and delivery address for the purpose of us to complete the order.
14. After you have submitted an Order or Payment
14.1. Once you have submitted and Order, you will receive an Order Reference number and confirmation via email.
14.2. sintech will process the payment for your Order when you place your Order. You Order is deemed to be accepted by sintech when sintech does this, however sintech may, in certain circumstances, cancel your Order after acceptance as set our in these Terms and Conditions. In the event that sintech cancels your order having already processed payment, it will refund payment in accordance with Section 7.
14.3. When sintech accepts an Order it represent an agreement by sintech to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
14.4. You may pay for the Goods using the following payment methods: credit cards (Visa, Mastercard, American Express), Paypal, Gift Vouchers, Bitcoin, on Account, Zip Money, Direct Deposit. You may use a combination of payment types to pay for your order however you are limited in this functionality and calling us to process this manually is recommended.
14.5. You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, sintech may refuse to accept the Order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment car/Gift Car you authorize sintech to deduct the price and the applicable delivery charges from such cards.
14.6. sintech may at it discretion ask you to provide more information about the transaction should sintech feel the order does not meet its fraud detection policies.
14.7. sintech reserves the right to change the payment methods that can be used for Orders at any time in it absolute discretion.
14.8. sintech may not be able to, or may decline to, accept payment from you by your normal payment method at any time for any reason including, without limitation:
- (a) where our fraud detection systems detect possible irregularities;
- (b) because your financial institution has declined the payment; or
- (c) because your payment card has expired. Where this is the case, sintech reserves the right to cancel your order Order and/or place you Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
14.9. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and sintech will notify you via email.
15. Cancellation of Orders
15.1. sintech reserves the right to cancel, at any time before delivery and for whatever reason, and Order that it has previously accepted. sintech may do this for example, but without limitation, where:
- (a) sintech's suppliers are unable to supply Goods that they have previously promised to supply;
- (b) an event outside of sintechs control, such as storm, fire flood, virus, earthquake, terrorism, power failure, war, strike, changes to business conditions, strike, or failure of computer systems, means sintech is unable to supply Good within a reasonable time;
- (c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
- (d) you asked sintech to cancel you Order in accordance with section 13
15.2. You may cancel your Order where sintech: has breached a material term in this Agreement; is not able to deliver you Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay; for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the goods or which was outside of sintechs control.
15.3. Where sintech cancels you Order after acceptance it will send you an email notifying you of the cancellation.
15.4. In the event of sintech or you cancelling your Order after payment has been processed, sintech will refund any money paid in respect to that Order.
15.5. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, SINTECH will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
16. Picking up of Goods in Store.
16.1. Many items can be collected from out Showroom located in Dural. Please select this option when checking out. Not all goods will be available, and we recommend contacting us first the ensure the stock is in fact on the shelf ready for collection
16.2. The person who placed the order must collect the goods, OR notify us the name of the person who will collect the goods.
16.3. Collection must be made during our business hours, we cannot allow collection when our store is closed.
16.4. Collections require satisfactory identification, and you must follow sintechs fraud prevention processes.
- We will require a copy of your identification, this will not be used for any other purpose.
- You will be required to bring transaction ID if using paypal.
- Please email us with the exact time of collection.
- Always call first before making the trip for collection.
16.5. We reserve the right to cancel your transaction should you not meet our strict fraud prevention requirements.
16.6. We will hold goods for collection for a maximum of 10 days. Orders not collected within this time will be "put back for sale".
16.7. Goods that exceed 10 days, up on request for the customer can be stored where a daily storage fee will apply. We will email you at the time of request the charge applicable.
20. Copyright
This site and its contents are subject to copyright. The copyright is owned by Sintech Lighting (A.B.N. 47 637 994 533), or in the case of some material, a third party. You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.
21. Trademarks
This site includes registered trademarks, and other trademarks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trademarks is strictly prohibited.
22. Disclaimer
You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on "as is" basis, the site may contain errors, faults and inaccuracies and may not be complete and current. Sintech Lighting makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Neither Sintech Lighting, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
23. Viruses
Sintech Lighting cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Sintech Lighting entirely of all responsibility for any consequences of its use.
24. Factors beyond our control
From time to time, there will be local, national, global situations/events that our outside of our control. These could be:
- Pandemics
- Floods / Weather
- Social Unrest Political or Government restrictions
- War
Sintech reserves all rights to cancel, change or update the way it does business. We will not be held liable for delays, or any other issue arising from these factors.
25. Third Party Sites
This site may contain links to third party sites. Sintech Lighting is not responsible for the condition or content of those sites as they are not under Sintech Lighting control. You access those sites and/or use the site's products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or implied, an endorsement by Sintech Lighting of the sites or the products or services provided on the site. Sintech Lighting does not permit any linkages to this site without prior permission.
26. Applicable Law
This site is created and controlled by Sintech Lighting. Your use of this site is governed by, construed and enforced in accordance with the laws of Queensland, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Queensland, Australia. This site may be accessed throughout Australia and overseas. Sintech Lighting makes no representations that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
27. Changes
Sintech Lighting reserves the right to change, amend or alter in any way these Terms and Conditions without notice to the buyer.
28. Severance
Should any clause of this Agreement or part thereof be found invalid or unenforceable by law. All remaining provisions of this agreement shall continue to be enforceable and binding on the parties.
29. Rewards & Vouchers
Rewards and Vouchers (rewards) are offered as an incentive or reward for purchase or referral.
These "rewards" are made available at the discretion of sintech and are only available to be used as a discount off approved items. The "rewards" can be cancelled at anytime by sintech and unused "rewards" are forfeited .
"rewards" must be used within 12 Months of issue and any unused "rewards" are forfeited. "rewards" cannot be transferred to cash or transferred to any other person.
Should any "reward" is considered fraud, received incorrectly, or issued in error, the "reward" will be cancelled and sintech will not be liable for payment or commitment. sintech reserves the right to cancel / void any voucher at anytime without consequence.
Last updated 1 FEB 2021