Terms and Conditions

Introduction

The website Lighting.co.za (the “website”) is owned and operated by Illumina Lighting (Pty) Ltd. The Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders.

In its operation of the website, www.lighting.co.za offers products for sale in its own right and on behalf of third party sellers. When you place an order with Lighting.co.za, the products may be supplied to you by us or by a third party seller and the legal relationship of ‘buyer’ and ‘seller’ will be between you and the respective supplier. Where the products are supplied by a third party, they have agreed to be bound by these terms and conditions of sale and any reference to ‘we’ ‘our’ or ‘us’ applies to that supplier.

In any event, these Terms and Conditions govern the supply of any product ordered by you on the website. By ordering a product, you agree to be legally bound by these Terms and Conditions.

Interpretation

“Account” means the account that you will need to register in order to submit an Order

Acknowledgement” means our confirmation of your Order (typically sent by email)

“Business Day” means any day other than a Saturday, Sunday, or public holiday in South Africa

Customer” means individual who places an Order on the Site

“Delivery Form” means anything that requires your signature to prove that you have received the goods. This can be a Tax Invoice, Delivery Note or a Waybill.

“Order” means the order submitted by you on the website to purchase a Product

“Product(s)” means the supplier’s products to be sold to Customers via the website in accordance with this agreement

“You” means the Customer who places an Order on the Site

“We” means Lighting.co.za (Illumina Lighting Pty Ltd).

“Website” and/or “Site” means www.lighting.co.za and pages directly linked thereto.

General

These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Lighting.co.za from time to time, for so long as the Site exists and is operational, Lighting.co.za being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by Lighting.co.za However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.

No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or the Contract.

If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.

Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

A full record of every sale and related transaction between you and Lighting.co.za. shall be maintained on the Site for a period of 6 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, where after you shall be responsible for retaining your own record of the relevant sale or related transaction.

Any and all copyright subsisting in the Website, including these Terms and Conditions, vests in Lighting.co.za and all rights not expressly granted are reserved.

When you visit the Site or send e-mails to Lighting.co.za you consent to receiving communications from Lighting.co.za electronically and agree that all agreements, notices, disclosures and other communications sent by Lighting.co.za satisfy any legal requirements, including but not limited to the requirement that such communications should be in "writing".

These terms are subject to the provisions of the Electronic Communications and transactions Act no. 25 of 2002 (the Act") and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

** Actual colours may vary from your viewing screen. Products & prices subject to change without notice.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy only.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer / devices monitor/screen display of colours will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, before or after payment. The shipping cost that the customer incurs is not the true cost of the transportation – Lighting.co.za covers a portion of the shipping and therefore we reserve the right to cancel and refund an order at our own discretion. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We outsource our deliveries to various courier companies, once items are delivered, there is a 10 day return policy available to you as the customer whereby the customer must notify Lighitng.co.za by email if they wish to return the item. Once this time frame has expired we can no longer accept any returns no matter the reason. We are only responsible to deliver items to the specified delivery address. Further transportation from there that is done by yourself is at your own risk and Lighting.co.za will not be held responsible.

 

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Registration, Order and Cancellation

When placing an order online, you must be over 18 years of age, possess a valid credit or debit card and register for an account on the website. Only payments with South African cards, or Instant EFT via Payfast will be accepted on www.lighting.co.za To place the order you should follow the given instructions.

Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the website) the charges you must pay including value added tax (VAT), if applicable, and any applicable delivery charges. Unless otherwise stipulated on the website, all charges are in the currency of South Africa (ZAR).

You shall pay for the Product in full and any applicable delivery charges when placing the order by supplying us with your credit or debit card details. Alternatively, you may pay by any method that we have said is acceptable to us. In any event, we shall not be bound to accept the order before we have received the funds in full.

You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

When you submit an Order, you agree that you do so subject to the prevailing Terms and Conditions.

We shall not be obliged to supply the Product to you until we have accepted your Order. We will send you an Acknowledgement with your Order reference number and details of the Product you have ordered. Lighting.co.za. reserves the right to decline any order, for any reason (e.g. unavailability of supplies). In this case, we will promptly grant you a store credit or a full refund.

Lighting.co.za works closely with its suppliers to ensure that prices shown on the website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

Delivery

We know how important it is to you that you receive your product as soon as possible after purchasing it from Lighting.co.za. For those items that are in stock, we aim to deliver regular parcels to central areas in South Africa within 2-7 business days, to outlying areas within South Africa within 5-7 business days and special freight items within 15-21 business days from the date your payment has been received. For those products that are made to order, or are not currently in stock, please see the estimated availability date for each product.

We will notify you if we are unable to meet our estimated delivery timeframe, but we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

Items will be delivered to the address you provided while placing an order. For special freight items the courier might contact you directly to agree on an appropriate delivery time.

If, for any reason, the courier cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from a courier depot if possible (in case of regular parcels) or to re-arrange the delivery (in case of special freight). In these situations, Lighting.co.za reserves the right to charge you for any additional costs incurred (e.g. delivery and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus delivery costs or storage costs).

Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage).

All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under this Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.

You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us.

If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the courier.

If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following:

Charge you for our reasonable storage fee and other costs reasonably incurred by us; or

No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our 15 % administration charges (including for attempting to deliver and then returning the Product, and any storage fees).

It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

Change of Mind

We want you to feel perfectly confident when shopping online at www.lighting.co.za Therefore, we give you the option to return any unopened, unused item in its original packaging that you bought from us for any reason within 10 days of receiving the item.

Prior to returning your product, please send an email to hello@lighting.co.za. Our customer care team will provide you with all relevant guidelines to proceed with the return (e.g. delivery process). Please do not attempt to return any goods before speaking to our team; otherwise you may be responsible for any associated expenses if you do so. You may also be required to fill in a returns form provided by us in order to proceed with the returns process. Once we receive the items, we will fully refund you the amount you paid for the product(s) less the 15% admin fee, as well as inbound delivery costs.

Damaged or Faulty Returns

In the unlikely event that your item arrives damaged or faulty, you have 24 Hours to notify Lighting.co.za. Please send an email to hello@lighting.co.za (after which one of our representatives will contact you).

To be eligible for a return in any case, your item must be unused and in the same condition that you received it. It must also be in the original packaging with all the added accessories and paperwork.

You may be required to fill in a returns form and to send us images of the damaged product(s) for further assessment. Once assessed and approved by our team, you will be contacted to proceed with the returns process. Lighting.co.za will arrange a repair, replacement (if available). Please do not attempt to return the items before speaking to one of our specialists (you may be responsible for any associate expenses if you do so).

If the items are delivered damaged, please do not accept the delivery. Rather take photos and send it straight back with the courier driver. Please email the photos to hello@lighting.co.za and after investigations we will get right onto your replacement unit. If items are damaged after delivery due to what ever reason - we cannot be held reliable after delivery has been completed and the POD has been signed.

We unfortunately cannot accept returned products that have been ordered in specifically for you or in bulk or made specifically for you as in 'made to order' products, this includes the customised products. Suppliers and Factories do not accept these returns. We also cannot accept a return once the item has been transported by yourselves from the original delivery address from where Lighting.co.za delivered it to. We outsource our deliveries to various courier companies, and once items are delivered to your specified delivery address, there is a 10 day return policy available to you as the customer whereby the customer must notify LIGHITNG.co.za should they wish to return the item.

Once this time frame has expired, the order is closed and we can no longer accept any returns no matter the reason. We are only responsible to deliver items to the specified delivery address. Lighting.co.za will not be held liable for any damage that may occur at the delivery address, after we have delivered and POD has been signed. Further transportation thereafter is at your own risk and Lighting.co.za will not be held responsible. Items transported outside of South Africa by yourselves will result in your return policy forfeited. Lighting.co.za is not responsible for export packaging.

You are responsible to inspect each item upon delivery and a sign POD will be deemed received in good order.

Please do not send your purchase back to the manufacturer privately. They won’t know what to do with your product and won’t know who you are and where it’s come from.

Please contact us on hello@lighting.co.za and we will arrange for the item to be collected from you by our couriers who will return it to the correct depot for assessment.

Please note that the following will void any warranty claims:

Negligence – where the client or the installation electrician did not install the product as per standard installation procedures;

Misuse – where the product was not used for its intended purpose or used outside of the scope of listed technical specifications.

Visible damage – where the products are damaged after they have been received and Lighting.co.za was not notified thereof within 10 working days of receipt of products.

Modifications – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you.

We will not refund or replace a product that the customer has bought and received where, in our reasonable opinion, the product has: become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Refunds are processed at month end and will take a few days to reflect between different banks.

If you still have not received your refund, please contact us at hello@lighting.co.za.

Cancelled orders (before delivery takes place) could be liable for a 15% handling fee depending on status of order.

Warranty Claims

Our goods come with warranties that cannot be excluded under the Consumer Protection Act (68 of 2008). You are entitled to a repair, replacement (if available) or a refund for a major failure. 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.

The Consumer Protection Act is relevant with certain statutory conditions and warranties in our consumer contracts, which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier.

Lighting.co.za works closely with suppliers to ensure all products have appropriate warranties. Lighting.co.za products have a 1 year warranty from date of receipt of invoice. This warranty will cover you against faulty workmanship and/or material. In the case of any goods which contain an insert containing the manufacturers warranties, then such warranties shall apply to the sale.

Please email hello@lighting.co.za to submit a warranty claim. You may be required to send us images of the damage to aid in our assessments. We will then finalise your warranty claim. Please do not attempt to return an item before speaking to one of our specialists (you may be responsible for any associated expenses).

In the case of a valid warranty claim, Lighting.co.za will strive to repair the product. If that is not possible, the product will be replaced (if available). Should Lighting.co.za be unable to repair or replace the product, a credit/refund will be passed on to you for the value of the product on date of invoice.

We provide the following express warranties subject to the following Terms and Conditions:

We will refund, or replace the product as the case may be in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product;

Where a refund, or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law, require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any delivery costs to return the original product to us;

Replacement products are subject to the same warranties as the original;

You must retain your proof of purchase for any manufacturer warranty claims;

Refunds will be issued by direct deposit (EFT).

If Lighting.co.za has to request a refund via Payfast because the money is still in the Lighting.co.za Payfast Account. Lighting.co.za will send a credit memo to the customer online, but the refund will happen offline. If the money is already in Lighting.co.za bank account Lighting.co.za will do a direct EFT to the customer Account. In order to obtain these remedies:

You must notify us within 10 working days from date of invoice. In this context, a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In most cases, this will be 7 to 14 days, but in some circumstances may be longer. Please contact us at hello@lighting.co.za

Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of courier costs will not be made until the original product is received by us and your claim verified.

We aim to process refunds and replacements within 15 days of receipt by us of the original product.

We will not refund or replace a product where in our reasonable opinion the product has been devalued and/or damaged, following the sale to you, as a result of:

Negligence – where the client or the installation electrician did not install the product as per standard installation procedures;

Misuse – where the product was not used for its intended purpose or used outside of the scope of listed technical specifications;

Visible damage – where the products are damaged after they have been received and Lighting.co.za was not notified thereof within 10 working days of receipt of products;

Modifications – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you;

We will not refund or replace a product that the customer has bought and received where, in our reasonable opinion, the product has: become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.

Where any law implies a warranty into this agreement, which may not be lawfully excluded, to the extent allowed by law, our liability for breach of the warranty will at our option be limited to:

The replacement of the goods or the supply of equivalent goods;

The repair of the goods; or

Refund of the value of the goods as per original invoice

In case of return or rejection you will cover return courier costs.

Defective Product

We do our best to ensure that the products we deliver to you are of a high quality and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

The following will NOT be regarded as defects and will not entitle you to a return:

faults resulting from normal wear and tear;

damage arising from negligence, user abuse or incorrect usage of the product;

damage arising from electrical surges or sea air corrosion;

damage arising from a failure to adequately care for the product;

damage arising from unauthorised alterations to the product; and

where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.

Standard Warranty

If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 12 months after delivery of the product.

You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 10 days of logging the return (bear in mind that refunds can take 5-10 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.

Please provide suitable packaging for returning the product, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.

Where there is no extended supplier warranty period, unfortunately, we cannot facilitate returns that fall outside of the 12 months.

Extended Supplier Warranty

A product may have a supplier warranty that extends beyond the 12 months. If such a product turns out to be defective more than 12 months after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

You can do so by contacting us at hello@lighting.co.za. Unfortunately, we cannot facilitate returns that fall outside of the extended supplier warranty period.

Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

Please provide suitable packaging for returning the product, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier reserves the right to refuse collection of a product that is not properly packaged for transport.

It is also important to note that it will be in the supplier or manufacturer’s discretion to repair or replace the item, or to refund you. Lighting.co.za is under no obligation to provide you with a credit, repair / replacement for any return logged after 12 months, as your remedy lies with the supplier or manufacturer.

Conditions for the redemption of gift vouchers

You may purchase gift vouchers for use on the website by you or other Customers. These gift vouchers will be sent by email.

Gift vouchers cannot be used to buy more gift vouchers.

An order for a gift voucher can be cancelled by contacting Lighting.co.za at any time before the gift voucher has been redeemed.

A voucher is considered to have been redeemed if it is used as payment in placing an order. If the credit of a gift voucher is insufficient for the order you wish to make, you may make up the difference through payment. You may use as many gift vouchers as you wish in paying for an order, and gift vouchers may be used in conjunction with one promotional voucher per order.

Limitation of liability

Lighting.co.za cannot be held liable for any inaccurate information published on its website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of Lighting.co.za, its employees, agents or authorised representatives.

Lighting.co.za shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third-party website.

You hereby indemnify Lighting.co.za against any loss, claim or damage which may be suffered by yourself or any third party arising in any way whatsoever from your use of the website and/or any linked third-party website.

Although the products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.

Security

Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Lighting.co.za. suffers any damages or loss.

You agree and warrant that your login name and password shall:

be used for your personal use only; and

not be disclosed to any third party.

You allow Lighting.co.za. to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.

For all conditions of Payfast relating to payment by Payfast, the customer shall visit the Payfast website and herby accepts the terms thereof.

Lighting.co.za uses the PayFast Online Portal for payments. PayFast use Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this –the highest– level of encryption currently available. 3D Secure is in place for all credit card transactions. They use BIN/IIN validation to check for card-issuing bank locations and merchants can choose to enable/disable payments from certain countries. Payments and card details are automatically checked against large online databases of blacklisted details. For more details you can visit the Payfast website here.

Circumstances beyond our control (force majeure clause)

We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.

Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of ten Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

Notices

Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email address to the relevant party at the address or email address of the relevant party last known to the other.

Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.

Governing law and jurisdiction

This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and you and Lighting.co.za submit to the non-exclusive jurisdiction of the South African courts.

Disputes

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Lighting.co.za on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Lighting.co.za then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_r….

Addresses for notices

Lighting.co.za chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Unit 206, The Village Square, Cape Town with a copy to hello@lighting.co.za (the sending of such copy being required in order for any notice to be validly delivered to Lighting.co.za

Advertising on the website

We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site published by the Advertising Standards Authority.

Communications

When subscribing to the Lighting.co.za newsletter or entering your phone number when creating an account, you consent to receive communications from Lighting.co.za via email, WhatsApp or sms. You will be able to, at all times, opt out of either of these forms of communication.

Amendment

We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. Continued use of the website will be deemed to constitute acceptance of the new Terms and Conditions.

Disclaimer

Save for Lighting.co.za being liable to you –

- under the Consumer Protection Act 68 of 2008 ("CPA") in relation to any products sold by Lighting.co.za to you via the Site; and

- under sections 43(5) and 43(6) of the ECT Act in relation to Lighting.co.za payment systems not being sufficiently secure

Neither Lighting.co.za nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Lighting.co.za makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to hello@lighting.co.za

Although the products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Lighting.co.za and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

Updated 24 June 2020