Terms

Installation Warning:

All electrical work must be performed by a qualified licensed electrician.

  

1. Order, delivery and acceptance

1.1 This Agreement applies to you (Customer or you) and your use of the website, www.smithandsmithlighting.com.au ('our Site’) of Smith and Smith  (Smith&Smith, S&S or 'we' or 'us') and the provision of the goods (‘Goods’). 
1.2 By browsing and using the Site, or placing an order for Goods, you automatically agree, and warrant to us that you have read and understood, the terms of this Agreement as set out below, and that you have the legal capacity to enter into a legally binding agreement with us.
1.3 You must ensure that your access to, or use of our Site is not illegal or prohibited by laws which apply to you.
1.4 You may access our Site at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. You acknowledge and agree that your ability to access our Site, at any time, will otherwise depend on factors outside of our reasonable control and we do not take or share any responsibility for those factors such as the quality of your internet connection and the state of your hardware.
1.5 The transmission of data over the internet is not always secure. Although S&S endeavours to secure the Site, it is not liable for any breach of security. We may collect information received about you or your usage of the Site (including personal information), which may be used to conduct analyses, including tracking usage patterns, among other purposes set out in our Privacy Policy. Please refer to our Privacy Policy https://smithandsmithlighting.com.au/pages/privacy. We may disclose that information to third party service providers who help us deliver our Goods, or as required by law. If you do not provide this information we may not be able to provide our Goods to you. By using our Site or providing us with information about you or your usage of the Site (including personal information), you consent to us collecting, holding, using and disclosing your data and personal information in accordance with our Privacy Policy.
1.6 Orders for the Goods received from the Customer shall be deemed to be received by S&S at the time that we send an order confirmation to your nominated email address. Each order placed by the Customer represents an offer to purchase the Goods for the price notified at the time you place your order, which is subject to this Agreement. S&S reserves the right to accept, reject or cancel any order in its sole and absolute discretion. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter. Each order that we accept results in a separate binding agreement between you and us and for the supply of Goods in accordance with this Agreement.
1.7 S&S will use all reasonable efforts to deliver the Goods to the Customer at the Delivery Address, within a reasonable time from the date of the order. Where this Agreement refers to collection of the Goods, then all references to 'delivery' herein shall be construed as meaning the time of collection (as the context permits).
1.8 The dispatch or delivery time provided for particular Goods is an estimate only and is subject to change without notice. Delivery time depends on factors such as your specific location and factors affecting the freight, courier and/or delivery carrier. A notification email will be provided to you with details of the delivery, including the estimated arrival time, freight, courier or carrier contact details and consignment note or tracking number. You should direct any queries in relation to the delivery to the relevant freight, courier or delivery carrier. S&S will use reasonable efforts in attempt to assist your delivery inquiries with the relevant freight, courier or delivery carrier. Despite any provision to the contrary, to the maximum extent permitted by law, S&S does not hold any responsibility for events that may result in the delayed dispatch or delivery of the Goods. You acknowledge and agree that delivery is to front door only and does not include the installation, unpacking or rubbish removal for the Goods.  Without limiting any of the forgoing, where this Agreement specifies a time by which S&S is required to supply the Goods or perform any other activity under this Agreement, you acknowledge and agree that such time is an estimate only, a failure to comply with which will not constitute a breach of this Agreement.  
1.9 Despite any provision to the contrary, to the maximum extent permitted by law, S&S does not provide any warranty, nor take any responsibility or liability whatsoever, for any aspect of the delivery or dispatch process, which is the responsibility of the freight, courier or delivery carrier, nor for any loss, liability, damage, defect or delay that may arise from such dispatch or delivery (including late dispatch or delivery).
1.10 All deliveries will take place during Business Days. The Customer shall ensure that it or its duly authorised representative shall be present at the date and time of delivery of the Goods. If the Customer is not home on Business Days or on the expected date and time of delivery of the Goods, the Customer should consider arranging and/or providing special instructions with the freight, courier or delivery carrier. S&S takes no responsibility for any such arrangement that you may enter into with freight, courier or delivery carrier.
1.11 Despite any provision to the contrary, to the maximum extent permitted by law, acceptance of delivery by the Customer or the Customer’s duly authorised representative shall constitute conclusive evidence that the Customer has inspected the Goods and found them to be in good condition, complete in every way and fit for purpose. If required by S&S (or the freight, courier or delivery carrier), the Customer or the Customer’s duly authorised representative shall sign a receipt confirming acceptance.

2. Risk

2.1 Unless otherwise agreed in writing, all risk in, and to, the Goods purchased shall pass to the Customer upon delivery to, or collection by, the Customer, its agent or its duly authorised representative. Once risk in the Goods passes, the Customer will be solely responsible for them.

3. Title

3.1 Title in, and to, the Goods shall not pass to the Customer until payment in full of the price of the Goods and any other amounts due and payable under this Agreement, including any applicable delivery cost, are received by S&S as cleared funds.
3.2 The Customer acknowledges that until title in, and to, the Goods passes to the Customer: (a) the Customer holds the Goods as bailee of S&S and (b) the Customer shall store the Goods separately and in such a manner that the Goods are clearly identified as property of S&S. Until title has passed, the Customer must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Goods.

4. Payments

4.1 S&S accepts payment by credit cards issued by Visa, Mastercard and Amex. We also accept Paypal, Poli, Zip and AfterPay. It is the Customer's responsibility to ensure all its details are correct at the time of the transaction. 
4.2 The Customer shall pay the price to S&S for the Goods and any other amounts due and payable under this Agreement (including any applicable delivery and insurance costs) in accordance with the payment terms, including the due date and payment methods set out on its Site or invoice.
4.3 All amounts are stated in Australian dollars and are inclusive of GST (where applicable).
4.4 If the Customer fails to pay the price for the Goods, or any other amounts due and payable under this Agreement, by the due date for payment, then, without limiting S&S's rights (including under clause 10), the Customer shall pay interest on such sums for the period from and including the due date of payment up to the actual date of payment. The interest shall be paid at the daily rate of 5% above the Reserve Bank Australia’s overdraft lending rate from the date that the payment was due to the date of payment.
4.5 Any payment made by a Customer for the Goods, or any other amount due and payable under this Agreement, will be made without withholding or set-off. Invoices may only be disputed by the Customer by providing S&S written details of the disputed amount within 30 days of the invoice date, failing which the invoice shall be deemed to have been accepted by the Customer. The Customer will remain liable to make payment of any undisputed portions of an invoice.

5. Returns, defects and change of mind

5.1 For existing goods purchased from 1 January 2023, we offer a change of mind guarantee if notified within 7 days of the lighting having arrived. It is at the Customer expense to return the item as purchased to SMITH&SMITH. This does not apply to custom lighting, lighting-made-order, or lighting marked as 'clearance' or 'sale'. 
5.2 Within 24 hours after the delivery or collection of the Goods, you notify us in writing of any fault, defect or error in the Goods, which is caused by a breach of this Agreement by us (‘Defect’), along with a photo and description of the relevant Defect, we will, at our own cost and in our absolute discretion, issue a replacement of the Goods as soon as this can be facilitated. Such a replacement of the Goods can only be made in the same manner as the original payment was made by the Customer. The Good(s), must be returned in their original packaging and in an unassembled condition, to the address nominated in the returns process by S&S.
5.3 If the Customer returns items by means chosen by the Customer, it is the Customer's responsibility to ensure items are returned safely. S&S takes no responsibility for lost Goods and the Customer will be solely liable including for any costs for the services the Customer has arranged.
5.4 If S&S is unable to source or deliver the Goods as ordered by you, S&S may cancel your order and provide you with a refund. S&S takes no responsibility for any loss or damage whatsoever in relation to orders that have been cancelled by us.

6. Warranties and liability

6.1 Unless otherwise advised, goods are supplied with a 3 (three) year manufacturer's warranty against core defects in production or materials. The warranty is valid for Australian residents only. This warranty does not cover: (a) normal or fair wear and tear (b) normal aging of product materials (c) damage arising from abnormal use, or abuse or (d) Goods which have not been maintained, or which have been modified.
6.2 S&S makes no warranties, express or implied, and excludes to the maximum extent permitted by law all warranties, representations, terms or conditions, whether express or implied, oral or written, statutory or otherwise, relating in any way to the Goods or this Agreement. 
6.3 S&S acknowledges that this Agreement does not seek to modify or exclude the conditions, warranties, undertakings, and other legal rights of any applicable consumer laws, where the supply of Goods are consumer supplies under applicable State, Territory and Commonwealth laws (including, without limitation, the Competition and Consumer Act 2010 (Cth) (CCA)).
6.4 In Australia, our Goods come with guarantees which 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in this Agreement.
6.5 Despite any provision to the contrary, to the maximum extent permitted by law, S&S's liability for any defect is limited to any one or more of the following (in its sole discretion) where the failure of the Goods is not a major failure: (a) replacement or repair of Goods (b) supply of equivalent Goods or (c) payment of cost of repairing or replacing Goods or supplying equivalent Goods. 
6.6 Despite any provision to the contrary, to the maximum extent permitted by law, S&S shall not be liable (including in relation to a warranty claim) and the Customer discharges and releases S&S from all liability arising from or in connection with: (a) where the Goods have not been used strictly in accordance with its specifications, operating instructions, manuals and warnings, including the requirement for the Customer to appoint a licensed electrician to install fixed light fittings; (b) where the Goods have been altered or modified by anyone other than S&S; (c) where the Goods have been subjected to misuse, neglect, accident, damage in transit, abuse or unusual or natural hazard; (d) where the Goods have been installed improperly; (e) any liability caused or contributed to by any event or circumstance beyond our reasonable control; and/or (f) any liability caused or contributed to by acts or omissions of you (or any of your employees, agents or contractors) or any third party.
6.7 Despite any provision to the contrary, to the maximum extent permitted by law, S&S shall not be liable under this Agreement (including in relation to a breach of warranty) or from use of the Site, for loss of profit, loss of revenue, loss of business, loss of opportunity, loss of goodwill or reputation, loss of or corruption or damage to data, or indirect or consequential loss or damage, in each case, however caused, even if foreseeable.
6.8 To the maximum extent permitted by law, our total liability arising out of or in connection with this Agreement, however arising, including under contract, tort including negligence, in equity, under statute or otherwise, is limited to the amount you have paid to us for the relevant Goods to which your claim relates.

6.9 Despite any provision to the contrary, to the maximum extent permitted by law, the Customer indemnifies S&S, its directors and representatives from all actions, claims, damages, liabilities or costs (including legal costs) arising from, or in connection with any act or omission of the Customer, including any breach of this Agreement.

7. Customer responsibilities and acknowledgement

7.1 The Customer acknowledges that the ability of S&S to provide the Goods is dependent upon the Customer's full and timely co-operation (which it agrees to provide), and the provision of any other information and data provided by the Customer.
7.2 S&S shall not be liable for any delays resulting from the Customer's failure to fulfil any of its obligations. S&S reserves the right to invoice the Customer for any additional expenses reasonably incurred by it as a result of such delays.
7.3 The Customer acknowledges that S&S will not be providing any services (including, without limitation, installation of the Goods) pursuant to this Agreement. All installation shall be organised by the Customer and S&S has no responsibility nor liability in relation to same. 
7.4 The Customer acknowledges that it has relied upon its own skill and judgement in purchasing the Goods.

8. Disclaimer

8.1 The Customer acknowledges that it has not relied on any advice, recommendation or assistance provided by S&S (or its employees, agents and subcontractors) in relation to the Goods, or their use, application or otherwise. 
8.2 The Customer must not use the Goods in any way other than as specified in the operating instructions, manuals and warnings, nor for any purpose other than the intended use of the Goods.
8.3 In relation to the Site, S&S does not warrant that use of the Site will be uninterrupted, error free or virus free.
8.4 S&S will not be liable for any direct or indirect loss or damage, however caused (including through negligence) which may be suffered in connection with access to or the use of the Site or any other external linked website. 
8.5 S&S is not responsible to the Customer or anyone else for any loss suffered in connection with the use of the Site, any of its content, or for any loss incurred as a result of damage to the Customer's or another person's computer system or the transmission of any computer viruses.
8.6 Except as required by law, the content on the Site is provided without any express or implied representation or warranty. S&S excludes all implied conditions and warranties relating to the content of the Site to the extent permitted by law. Where liability cannot be excluded, any liability incurred by S&S in relation to the use of the Site or the content is limited as provided under any applicable laws.
8.7 The content of the Site is general information which is provided in good faith and as a guide only.
8.8 The Goods offered for sale by S&S may not be manufactured by, affiliated with, or associated with the original designers, manufacturers or distributors

9. Intellectual property and exclusivity

9.1 Nothing in this Agreement shall be construed as granting any right, title or interest in any of S&S's patents, designs, trade marks, trade secrets, know-how or other intellectual property rights in relation to the Goods, the Site or otherwise (Intellectual Property Rights) to the Customer. 
9.2 Any and all Intellectual Property Rights, and anything else generated therefrom, shall be S&S's sole and exclusive property. For the avoidance of doubt, the supply of Goods by S&S shall not confer any right, title or interest upon the Customer to use any of S&S's Intellectual Property Rights, unless otherwise expressly permitted in this Agreement.

10. Term and termination
    10.1 S&S may, without prejudice to any other right or remedy which may be available to it, terminate this Agreement immediately by written notice to Customer if: (a) the Customer defaults in its payment obligations; or (b) the Customer commits a material breach of this Agreement which breach is irremediable, or which breach (if remediable) is not remedied within 5 Business Days after the service of written notice from S&S requiring it to do so.
    10.2 Upon termination pursuant to clause 10.1, without prejudice to other rights or remedies, the Customer shall pay to S&S on demand: (a) the price in full, and other amounts due and payable under this Agreement, that are unpaid at date of termination (including interest accrued pursuant to this Agreement); and (b) any costs and expenses (including legal costs) incurred by S&S in the termination of this Agreement.
    10.4 Termination will not affect the rights and obligations of the parties accrued up to the date of termination.
11. Change

11.1 Caution is taken to ensure that all Goods displayed on the Site are in stock and available at the prices displayed on the Site. We reserve the right to amend the prices without notice and to correct any errors that may be made by us in publishing these prices and availability. 
11.2 We reserve the right to withdraw any Goods from our Site at any time and/or remove or edit any materials or content on our Site. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion.
11.3 S&S will not be liable to you or any other third party by reason of our withdrawing any Goods from our Site, whether it has been sold or not, removing or editing any materials or contents on our Site or for refusing to process or accept an order after we have sent you the order confirmation.
11.4 S&S will not be held liable for any variation that may arise in comparison to images shown on the Site, associated materials and the actual Goods supplied. 11.5 S&S attempts to be as accurate as possible when we describe our Goods on our Site, however, to the extent permitted by applicable law, we do not warrant that the descriptions, colours, information or other content available or offered on our Site are accurate, complete, reliable, current or error-free. All images displayed are of actual Goods sold and all attempts are made to display a true likeness of the Goods.  
11.6 The Customer acknowledges and agrees that all images and descriptions on the Site and associated materials are approximates only and S&S accepts no responsibility whatsoever for any deviations in dimensions, quantities or specifications or the like in relation to the Goods that have been delivered to you.

12. Notices

12.1 All notices given by S&S may be given by email to the address provided by the Customer. It is the Customer's obligation to keep that email address current and correct. The Customer agrees that the record of S&S having sent a notice to it by email is, of itself, conclusive proof of receipt.
12.2 Notices given by the Customer must be delivered to S&S in writing and addressed to: PO Box 159 Beecroft NSW 2119. (with copy by email to hello@smithandsmithlighting.com.au)

13. General

13.1 The Customer shall not, without the prior written consent of S&S, assign, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement. S&S may at any time assign, subcontract or deal in any other manner with all or any of its rights or obligations.
13.2 This Agreement constitutes the whole agreement between parties and supersedes all previous agreements between the parties relating to its subject matter (including, but not limited to, those relating to the delivery of the Goods or the results that ought to be expected from using the Goods), or any other terms and conditions of purchase of the Customer. 
13.3 Neither party shall be in breach nor liable for delay or failure in performing its obligations resulting from events or causes beyond its reasonable control, including, without limitation, acts of God, governmental actions, strikes or labour difficulty, war, terrorism, fire, explosion, flood, act or omission of third party, inability to obtain any necessary materials, equipment, facilities or services, failure of performance provided by others (including freight, courier or delivery carriers), internet interruption or virus, stock availability, accidents or breakdown of plant, machinery, parts, software, hardware or communication network.
13.4 Nothing is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to bind the other in any way.
13.5 If any part of this Agreement is held illegal, unenforceable or void, that part shall be severed and the remainder of this Agreement and will continue in full force and effect.
13.6 No waiver of any breach of this Agreement will be construed as a waiver of any other breach of this Agreement.
13.7 No term or condition of this Agreement will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this Agreement.
13.8 Neither party may commence court proceedings relating to any dispute arising from, or in connection with, this Agreement, without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

13.9 We may, at any time and at out discretion, vary this Agreement by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the Agreement that will apply will be the ones that were in effect (and which you agreed to) when you placed the order.

13.10 This Agreement is governed by and is construed in accordance with the laws applicable in New South Wales. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.

14. Contact Information

Questions about this Agreement should be sent to us at hello@smithandsmithlighting.com.au 

15. Special Offers

Terms and conditions for all promotions and special offers are published on this page.

16. Free Delivery within Australia

This offer applies to the purchase of any lighting offered for sale by S&S. Some lighting is excluded from this offer. If free shipping is not available for a spepcific product, the delivery fee will be quoted. This offer also excludes transactions of only light bulbs, unless the quantity of bulbs purchased meets any other special offer available regarding the purchase of bulbs only. Free delivery is available to most Australian metropolitan and country locations, excluding isolated locations including Arnhem Land, Christmas Island, Norfolk Island and all similar territorial islands separate to the Australian (excluding Tasmania) mainland. If S&S is unable to identify a delivery provider it believes to be satisfactory, S&S reserves the right to cancel the order and organise a refund.

To view detailed information about S&S’s returns and refunds policy you can visit S&S’s Returns Policy page.

S&S reserves the right to end this offer at its sole discretion and to verify the validity of the offer and may at its sole discretion cancel orders or refuse to fulfil orders. All purchases and deliveries under the free Australian delivery are subject to this Agreement.

17. Definitions

The following definitions shall apply in this Agreement:
(a) Agreement: these terms and conditions and all documents referred to therein.
(b) Business Day: means from 9.00am to 5.00pm on a day (other than Saturday, Sunday or public holiday) when New South Wales banks are open.
(c) Delivery Address: means the delivery location as set out in your order.
(d) Goods: means the furniture referred to in your order form.
(e) GST: shall have the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Competitions, Promotions & Special Offers

Terms and conditions for competitions and promotions are published on this page. All start/end times published are at the local Sydney Time (AEDT). Promotional codes are only applicable to the cost of Goods and are not applicable on delivery costs unless explicitly specified. Promotional codes are valid for customers of smithandsmithlighting.com.au. Promotional codes cannot be combined with other promotions or promotional codes. S&S reserves the right to verify the validity of any order or use of promotional code according and may at its sole discretion cancel orders or refuse to fulfil orders where the use of the promotional code or the promotional offer is invalid. Your purchase and delivery of the Goods using a promotional code is subject to this Agreement. Additional conditions of use may apply and will be communicated by S&S. 

 

Black Friday 2023

Any item marked as "Clearance" or "Black Friday Special" is not able to be returned for exchange or refund unless the item is proven to be faulty.