These Terms and Conditions govern your use of the PureGlare website and your purchase of products from PureGlare Pty Ltd (“PureGlare”, “we”, “us” or “our”).
Please read these Terms and Conditions carefully before using our website or placing an order.
By accessing, browsing or using our website, creating an account, submitting an order or purchasing products from us, you agree to be bound by these Terms and Conditions.
Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified, including rights under the Australian Consumer Law (ACL).
PART A – WEBSITE TERMS
1. Acceptance of These Terms
These Terms and Conditions form a legally binding agreement between you and PureGlare in relation to your use of the PureGlare website, online services and your purchase of products from us.
By accessing, browsing or using our website, creating an account, submitting an order or otherwise using our online services, you acknowledge that you have read, understood and agreed to these Terms and Conditions.
If you do not agree to these Terms and Conditions, you should not use our website or place an order.
Our Privacy Policy and Exchange, Warranty & Refund Policy also apply where relevant and should be read together with these Terms and Conditions.
2. Application
These Terms and Conditions apply to:
- your use of the PureGlare website and online services;
- communications and information provided by PureGlare;
- products displayed or offered for sale by PureGlare;
- orders and purchases made through our website; and
- matters relating to the delivery, cancellation and purchase of products.
The Exchange, Warranty & Refund Policy contains the specific conditions applying to product returns, exchanges, refunds and voluntary warranties.
These Terms and Conditions apply primarily to transactions in Australia. You are responsible for complying with any laws applicable to your use of our website or purchase of our products.
3. Privacy
Personal information collected through our website and in connection with orders is handled in accordance with our Privacy Policy.
We may collect and use information reasonably necessary to process orders, arrange delivery, process payments, provide customer service, prevent fraud, comply with legal obligations and operate our business.
4. Accounts, Passwords and Security
If you create an account with PureGlare, you are responsible for:
- keeping your login details confidential;
- providing accurate and current information;
- maintaining the security of your account; and
- notifying us promptly if you believe your account has been accessed without authorisation.
We may suspend or restrict an account where reasonably necessary for security, fraud prevention, misuse or other legitimate business purposes.
5. Acceptable Use
You must use our website lawfully and responsibly.
You must not:
- use the website for unlawful, fraudulent or unauthorised purposes;
- interfere with or disrupt the website or its systems;
- attempt to obtain unauthorised access to our systems or another person's account;
- introduce malware, viruses or other harmful code;
- use automated systems to scrape or collect website information in a manner that interferes with our operations;
- submit unlawful, misleading, defamatory, threatening, abusive or obscene material;
- infringe the intellectual property, privacy or other rights of another person;
- impersonate another person or business;
- circumvent security or access controls; or
- use the website in a manner that may damage PureGlare, our customers, suppliers or business operations.
6. Prohibited Material
You must not submit, upload, transmit or otherwise make available through our website any material that:
- is unlawful;
- is fraudulent or deceptive;
- is defamatory or misleading;
- is threatening, abusive, harassing or discriminatory;
- contains malicious software or harmful code;
- infringes intellectual property or other legal rights;
- encourages unlawful conduct; or
- otherwise breaches applicable law.
PureGlare may remove or restrict access to prohibited material and may suspend or terminate access to our website or services where reasonably necessary.
7. User Submissions and Feedback
If you submit reviews, comments, photographs, videos, questions, suggestions, feedback or other content to PureGlare, you remain responsible for that content.
You represent that you have the necessary rights to submit the content and that its submission and use by PureGlare will not infringe any law or third-party rights.
To the extent permitted by law, you grant PureGlare a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, display, communicate, adapt and distribute such content for operating, promoting and improving our website and business.
PureGlare may edit, refuse to publish or remove submitted content where reasonably necessary.
Any suggestions, ideas or feedback provided to PureGlare may be used by us without payment or attribution, subject to any rights that cannot lawfully be excluded.
8. Third-Party Advertising and Services
Our website may contain third-party advertisements, promotions or links to third-party services.
These are provided for convenience. PureGlare does not generally control third-party websites or services and is not responsible for their content, availability, products, services or practices, except to the extent required by law.
Any transaction between you and a third party is subject to that third party's own terms and conditions.
9. Website Information
We make reasonable efforts to ensure that information on our website is accurate and current.
However, information may occasionally contain errors, omissions or outdated information, including product descriptions, specifications, images, availability or pricing.
We may correct or update information at any time.
Website information is provided for general information and is not professional advice.
If you are uncertain whether a product is suitable for your equipment, please contact us before placing an order.
10. Intellectual Property
Unless otherwise stated, the content of the PureGlare website, including text, photographs, graphics, logos, product information, designs and other materials, is owned by or licensed to PureGlare and is protected by applicable intellectual property laws.
You may use website content for personal use and legitimate purchasing purposes.
You must not, without our written permission:
- reproduce substantial portions of the website;
- commercially exploit website content;
- modify or redistribute our content;
- reproduce our branding or logos;
- systematically copy product information; or
- use our content to establish or operate a competing service.
Third-party trademarks and intellectual property remain the property of their respective owners.
11. Third-Party Websites and Links
Our website may contain links to third-party websites.
Such links are provided for convenience only and do not constitute an endorsement by PureGlare.
PureGlare does not control third-party websites and is not responsible for their content, availability, products, services or practices, except where required by law.
12. Website Availability
We do not guarantee that our website will always be available, uninterrupted, secure or error-free.
The website may be affected by maintenance, upgrades, technical problems, telecommunications failures, hosting issues, cyber incidents or circumstances outside our reasonable control.
We may modify, suspend or discontinue parts of the website where reasonably necessary.
Nothing in this section limits any rights that cannot lawfully be excluded.
PART B – TERMS OF SALE
13. Products Covered
These Terms and Conditions apply to products including, without limitation:
- projector replacement lamp modules;
- projector bare lamps and bulbs;
- television lamps;
- halogen lamps;
- medical and optical equipment lamps;
- projector accessories;
- colour wheels;
- remote controls;
- air filters; and
- other products offered by PureGlare.
Individual products may have additional specifications, warranty periods or manufacturer requirements disclosed on the relevant product page or supplied with the product.
14. Orders and Acceptance
When you submit an order through our website, you are making an offer to purchase the products listed in your order.
An order is accepted when PureGlare:
- sends an order confirmation; or
- dispatches the relevant product,
whichever occurs first.
PureGlare may decline or cancel an order before acceptance where reasonably necessary, including where:
- the product is unavailable;
- there is a material pricing, product or description error;
- we reasonably suspect fraud or unauthorised activity;
- the order cannot reasonably be fulfilled;
- circumstances outside our reasonable control prevent fulfilment; or
- other legitimate circumstances require cancellation.
If PureGlare cancels an order after payment has been received, we will refund amounts paid for the cancelled products, subject to applicable law.
15. Pricing and Payment
Unless otherwise stated, prices are in Australian dollars and include GST where applicable.
Available payment methods are displayed during checkout.
Prices may change before an order is accepted.
Once an order has been accepted, the applicable price will generally be the price confirmed at the time of purchase, except where a correction is required due to an obvious pricing or product error or where otherwise permitted by law.
For approved business accounts, payment terms may be separately agreed in writing.
If an account becomes overdue, PureGlare may suspend further orders or services and may recover reasonable costs associated with debt recovery to the extent permitted by law.
16. Delivery
We will arrange delivery to the address provided with your order.
Delivery timeframes are estimates unless expressly stated otherwise.
We are not responsible for delays caused by circumstances outside our reasonable control, including carrier delays, weather, transport disruption, industrial action, customs processes or incorrect delivery information supplied by the customer.
You are responsible for ensuring that the delivery address is accurate and complete.
Where additional delivery costs arise because an address supplied by you is incorrect or incomplete, you may be responsible for reasonable additional costs, unless the error was caused by PureGlare.
Risk in products passes as determined by applicable law.
17. Inspection on Delivery
You should inspect products as soon as reasonably practicable after delivery.
If a product appears damaged on arrival, please contact PureGlare promptly and provide photographs or other information reasonably requested by us.
Nothing in this section limits your rights under the Australian Consumer Law.
18. Product Information and Compatibility
We make reasonable efforts to provide accurate product descriptions, specifications, photographs and compatibility information.
However, product appearance, packaging, labelling and specifications may change from time to time.
Where compatibility depends on the particular equipment, model, revision, voltage, lamp housing or other technical specification, you are responsible for checking compatibility before purchase unless PureGlare has expressly confirmed compatibility based on information you provided.
If you are uncertain, please contact PureGlare before placing your order.
Where PureGlare provides written compatibility advice based on information supplied by you, that advice may be considered when assessing a subsequent compatibility issue.
Nothing in this section limits rights under the Australian Consumer Law.
19. Cancellations and Order Changes
If you wish to cancel or change an order, contact PureGlare as soon as possible.
We will make reasonable efforts to accommodate a cancellation or change before an order has been processed or dispatched.
However, cancellation or modification may not be possible once:
- the order has been processed;
- the product has been dispatched;
- the product has been specially sourced;
- procurement has commenced;
- the product has been specially manufactured or configured; or
- another commitment has been made specifically for the order.
Any applicable cancellation, return or refund rights are subject to our Exchange, Warranty & Refund Policy and applicable law.
Nothing in this section excludes or restricts any statutory right.
20. Special Orders and Custom Products
Some products may be specially sourced, ordered from overseas, manufactured, configured or otherwise obtained specifically for a customer.
Additional terms may apply to such products and will be disclosed where reasonably practicable.
Once procurement or production has commenced, cancellation may not be available except where required by law or otherwise agreed by PureGlare.
21. Consumer Guarantees
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 statutory rights operate independently of any voluntary warranty, exchange or refund policy provided by PureGlare.
22. Returns, Exchanges, Refunds and Warranty
PureGlare's Exchange, Warranty & Refund Policy applies to returns, exchanges, refunds, warranty claims and change-of-mind requests relating to products purchased from PureGlare.
The Exchange, Warranty & Refund Policy forms part of these Terms and Conditions and should be read before placing an order.
The policy sets out, among other things:
- change-of-mind return conditions;
- return authorisation (RMA) requirements;
- product-condition requirements;
- applicable return costs and restocking fees;
- warranty periods;
- warranty exclusions;
- DOA requirements;
- inspection and testing procedures;
- refund procedures;
- exchange procedures; and
- procedures for faulty or defective products.
Nothing in the Exchange, Warranty & Refund Policy or these Terms and Conditions excludes, restricts or modifies rights available under the Australian Consumer Law.
23. Customer Purchase Orders and Additional Terms
Where a customer provides its own purchase order or other purchasing terms, those terms do not apply to PureGlare unless expressly accepted by PureGlare in writing.
Any terms printed on a customer's purchase order that conflict with these Terms and Conditions will not automatically form part of the agreement.
24. Business Customers
These Terms and Conditions may apply to purchases made by businesses, companies and other commercial customers.
Depending on the circumstances, the Australian Consumer Law may apply to business purchases.
Nothing in these Terms and Conditions is intended to exclude statutory protections that apply to a business customer.
Where a separate written business account, credit, payment, trading or supply agreement exists, that agreement may apply to the extent of any inconsistency.
PART C – GENERAL LEGAL TERMS
25. Limitation of Liability
To the maximum extent permitted by law, PureGlare is not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, business opportunity, goodwill or data, arising from use of our website or products.
However, nothing in these Terms and Conditions excludes, restricts or modifies:
- rights or remedies that cannot lawfully be excluded;
- liability that cannot lawfully be excluded;
- liability for fraud or wilful misconduct where exclusion is not permitted; or
- rights and remedies available under the Australian Consumer Law.
Where the law permits liability to be limited, PureGlare may limit its liability to the extent permitted by law.
26. Indemnity
To the extent permitted by law, you agree to indemnify PureGlare and its directors, officers, employees and contractors against claims, losses and reasonable costs arising from:
- your breach of these Terms and Conditions;
- your unlawful use of the website;
- infringement of another person's intellectual property rights by content you submit; or
- your misuse of our website or services.
This indemnity does not apply to the extent that the relevant loss was caused by PureGlare's own breach, negligence or other conduct for which PureGlare is legally responsible.
27. Events Beyond Our Reasonable Control
PureGlare is not responsible for delay or failure caused by circumstances beyond our reasonable control, including:
- natural disasters;
- fire or flood;
- severe weather;
- epidemic or pandemic;
- war or terrorism;
- civil unrest;
- industrial disputes;
- transport disruption;
- power or telecommunications failures;
- supply shortages;
- government action;
- customs delays;
- carrier disruption; or
- other events beyond our reasonable control.
We will take reasonable steps to minimise the effect of such circumstances where practicable.
28. Suspension and Termination
PureGlare may suspend or terminate access to an account or website service where reasonably necessary because of:
- a material breach of these Terms and Conditions;
- fraud or suspected fraudulent activity;
- unlawful activity;
- security risks;
- misuse of our systems;
- conduct that materially harms our business or customers; or
- operational, technical or legal requirements.
Where practical, we will provide notice before taking such action.
Termination does not affect rights or obligations that accrued before termination.
29. Changes to These Terms and Conditions
PureGlare may update these Terms and Conditions from time to time.
The updated version will be published on our website with an updated “Last Updated” date.
Material changes may be communicated through appropriate website notices or other reasonable means.
Changes will not retrospectively alter rights under an existing order unless permitted by law.
Your continued use of the website after an update may constitute acceptance of the updated website terms to the extent permitted by law.
30. Changes to Our Services
PureGlare may modify, update, suspend or discontinue parts of its website, online services or other services where reasonably necessary for operational, technical, security, legal or commercial reasons.
Any rights relating to an accepted order will continue to be dealt with in accordance with these Terms and Conditions, the applicable order and applicable law.
31. Notices and Communications
You consent to receiving communications electronically, including by email, through your customer account or through notices on our website where permitted by law.
You are responsible for ensuring that your contact details remain accurate and current.
32. Dispute Resolution
If you have a dispute with PureGlare, we encourage you to contact us first and provide sufficient information for us to investigate the matter.
We will make reasonable efforts to resolve genuine disputes efficiently.
Nothing in this section prevents you from exercising any statutory right or commencing proceedings where legally entitled to do so.
33. Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of New South Wales, Australia.
Subject to any non-excludable rights concerning jurisdiction or consumer protection, disputes will be subject to the courts of New South Wales.
34. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary, where legally possible.
If it cannot be modified, it will be severed to the extent necessary without affecting the remaining provisions.
35. No Waiver
A failure or delay by PureGlare to exercise a right under these Terms and Conditions does not constitute a waiver of that right.
A waiver must be expressly given where required by law.
36. No Agency or Partnership
Nothing in these Terms and Conditions creates a partnership, joint venture, employment relationship, agency or other relationship between you and PureGlare except as expressly stated.
37. Assignment
You must not assign or transfer your rights or obligations under these Terms and Conditions without PureGlare's consent, except where permitted by law.
PureGlare may transfer or assign its rights and obligations as part of a sale, restructure, merger or transfer of its business, provided this does not unlawfully affect your rights.
38. Entire Agreement
These Terms and Conditions, together with:
- your order confirmation;
- any product-specific terms expressly provided before purchase;
- the Exchange, Warranty & Refund Policy;
- our Privacy Policy; and
- any other written agreement expressly accepted by PureGlare,
form the agreement governing your use of our website and purchase of products from PureGlare.
If there is an inconsistency between these documents and a mandatory requirement of applicable law, the mandatory legal requirement prevails.
39. Contact
If you have questions regarding these Terms and Conditions, an order or any other matter, please contact us through the contact details provided on our website.