In these Terms and Conditions "we", "our" and "us" mean switched elec and "you" and "your" means you, the customer.These Terms and Conditions together with your order and the order reference number provided to you constitute the entire contract between us and you for the supply of products. No other Terms and Conditions will apply.
1. Formation of Contract
You offer to purchase products from us through our website. Your offer is made by completing and submitting your order. Our acceptance of your offer is confirmed by us providing you with an order reference number. Once we provide you with the order reference number a binding contract is formed.
2. Legal Capacity to Transact
If you are under eighteen (18) years of age, you cannot order via our website.
Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.
3. Processing your Order
Upon completing your order and submitting it through the checkout system, an order reference number will be issued to you via a confirmation email. We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud. Upon processing your order and receiving payment via your credit card or debit card we send you a confirmation email which is your Tax Invoice. We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your account; remove or edit content from our website at our sole discretion. If we cannot process your order after receiving payment, we will contact you using the details entered at the checkout.
4. Payment Methods and Processing
We currently accept VISA, MasterCard and AMEX credit cards and payments via PayPal. Orders placed on weekends or public holidays will be processed on the next business day. Business days are Monday to Friday, process payments only after you successfully complete the checkout. Your tax invoice is your proof of purchase and is required for any warranty claims.
5. GST and Currencies
All purchases are in Australian Dollars (AUD) and include GST unless otherwise stated.
We endeavour to display products at a competitive price. We reserve the right to modify prices published on our website at any time.
Delivery of each ordered product/s can take up to 10 business days from the date payment is received. We will deliver each ordered product/s to the place of delivery designated by you. The estimated delivery times for products are during business hours (9am to 5pm) Monday to Friday excluding NSW Public Holidays. Estimated delivery times may vary due to circumstances beyond our control. If your order is sent via an Australia Post eParcel and the specified recipient is unable to accept delivery, an "Article Awaiting" card will be left at the premises and your order will be delivered to an Australia Post Office suitable to store your order. In these circumstances, delivery is completed by us at the time the "Article Awaiting" card is left at your premises. If your order is delivered by a courier service and the specified recipient is unable to accept delivery, a card will be left at the premises. Please be sure to contact the courier service and arrange an alternative time and date for delivery. If the order was left unclaimed at the Post office or the Courier service, the products will come back to switchedelec.com.au warehouse. We will then contact you by phone or email and we reserve the rights to impose an additional delivery fee. Customers will be charged an additional fee to reroute an order once it has been released to the carrier. Customers will also be charged additional delivery fee to reship their order if an error is made to the shipping address at checkout.
8. Title and Risk
Title to and risk in the products will pass to you upon delivery from us.
9. Cancelled Orders and Returned Goods
You are entitled to cancel your order for any reason within 7 days from date of purchase as long as the goods have not yet been dispatched from our warehouse. In this case we will refund your money in full. If, after receiving your goods, you decide that you would like to return them, you may do so within 14 days of purchase. In this case we provide a refund of the purchase price minus a 17.50% restocking fee less the delivery charge. Goods must be returned to us in the same condition in which they were received by you. We can not accept order cancellations or returns on light fittings that have already been installed or used. Returns can only be accepted on products that are returned in exactly the same condition and packaging that they were sent out to you so that we can endeavour to re-sell those items. We reserve the right to charge you the full purchase price for goods that are returned and are deemed by us to have been used/installed by you. We can not accept returns on Clearance or Sale Items and Items that are imported or made to order.
10. Faulty, Damaged or Defective Product & Product Return
A product is considered faulty if it does not work when first taken from its packaging or if it shows signs of failure within 14 days of delivery. Whilst we take great care to ensure that your items arrive safely, sometime breakages do occur during transit. Please check your items carefully and report any damaged goods to us within 7 days of receipt. A refund or store credit is only available if the product is no longer available. Refunds will only be issued to the same credit card or debit card used for the original purchase. Unfortunately we can not be held liable for breakages that are not reported to us within 7 days of receipt.
Where a product is provisionally determined to be defective we will arrange to replace the product. Where we have provisionally determined your product is defective, return shipping may be arranged at our expense. If the product is deemed by customer service/supplier NOT to be defective, we may, in our absolute discretion, refuse to replace the product. We reserve the right to test any returned defective product. If the condition of the product was misrepresented to us by the customer, we may impose a $55 handling and administration fee. Products must be returned whenever we agree to replace the product or provide you with a refund. Where you have received a faulty, damaged or defective product by our courier service, we may make arrangements with you to collect the product. Please ensure that all original items including packaging are returned.
It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return delivery to our warehouse.
11. When a Replacement Product is arranged
A replacement for the same product ordered will be delivered at our expense after we have received the original faulty, damaged or defective product. The delivery time for the replacement product may be the same as stated for the original product. Replacement products are provided with the same warranty as the original product.
12. When a refund is arranged
No refund will be provided until we have received the product from you.
13. Proof of Purchase for a Warranty Claim
Be sure to keep your tax invoice as proof of purchase. To request another copy please contact our customer service team via email and include your name and order number.
14. Warranty if an item is replaced
Please contact the manufacturer of your product for more information on their precise warranty terms and conditions.
15. Warranty transfer
Warranty is only valid with proof of purchase on the original goods which will be warranted as long as it complies with all other terms and conditions. Warranty is NOT transferable.
16. Warranty Claims
17. Warranty Coverage
All fittings sold are covered by a minimum 12 months manufacturers warranty. All globes/lamps sold have 3 months manufacturers warranty unless stated otherwise. Manufacturers Warranty is valid within Australia only and commences from the purchase date on your invoice.
18. Our Liability
switchedelec.com.au shall not be liable in contract for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute. To the extent permitted by law and subject to clause 22(D) our total liability here in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions. The Customer shall indemnify switchedelec.com.au and keep us fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.
To the extent permitted by law, switchedelec.com.au and customer agree that switchedelec.com.au will not be liable for products not being available for use, or for data or software which is lost, corrupted, deleted or altered. switchedelec.com.au shall not be liable to the customer for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of Products or services, even if switchedelec.com.au has been advised of their possibility.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by switchedelec.com.au shall be subject to correction without any liability on the part of switchedelec.com.au.
19. Our Liability
20. Credit Card Fraud
Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use Paypal's Payflo Pro secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner. Our shopping cart software is fully PCI compliant according to the PA-DSS v1.2 standards
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent. Any unauthorised assignment shall be deemed null and void. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby. Under the Trade Practices Act 1974, where implied conditions and warranties cannot be excluded, any liability of for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Trade Practices Act 1974) shall be limited, at the option to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s). No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right. We reserve the right to change the Terms and Conditions at any time. No switchedelec.com.au employee or agent has the authority to vary any of the Terms and Conditions governing any sale. The contract cannot be changed unless agreed to in writing or by e-mail. These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
22. Force Majeure
We shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of shall be entitled to a reasonable extension of time for the performance of such obligations.
This Terms & Conditions policy was last updated on 06/06/2016