This agreement is a contract between the customer (you) and Barn Light Australia (ACN 159 184 460) of

7 Fibre Place,
Carrum Downs, VIC 3201
Victoria, Australia

These terms and conditions apply to the ordering, purchase, fulfilment and delivery of goods from https://www.barnlight.au

Please read the following Terms and Conditions carefully before placing your Order with Barn Light Australia. These Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability. In addition to these Terms and Conditions, other important conditions may be applicable to your Order, such as Gift Certificates Terms of Use as identified below, or specific terms for certain Goods as identified in the product description field on the Website

If you do not understand these Terms and Conditions or if you have any questions, please contact us via email at [email protected], a representative will be happy to assist you.

1. LEGAL DEFINITIONS

The following apply to these Terms and Conditions.

Bulky Goods means any Good that cannot be shipped reasonably by use of parcel courier or similar Delivery Agent.

Business Days means a weekday in which trading banks are open for the transaction of banking business in Melbourne, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website, excluding Post Office Boxes.

Delivery Agent means any nominated third party delivery or shipping company for Barn Light Australia.

Delivery Fee means the fees charged by the Delivery Agent of Barn Light Australia for the delivery of Goods in accordance with clause X, as amended from time to time.

Gift Certificates means a printed or digital code through the acquisition of which you or a recipient may make non-cash payments for goods or services from the Barn Light Australia Website (https://www.barnlight.au/)

Goods means the items offered for sale, described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Barn Light Australia in accordance with these Terms and Conditions.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means the purchase price of each Good as specified on the Website (for the avoidance of doubt, including GST).

Privacy Policy means the Barn Light Australia Privacy Policy found on the Website. https://www.barnlight.au/privacy-policy.html

Product Option means the Good’s colour, mounting type, accessories and/or items of a similar nature found on the ‘Product page’ of the Website.

Product Page means where the Website page that shows Product Options and the Options are fully selectable/editable and display the fullest of Good representation by display of Product Image, Product Description and Price.

Returns Policy means the Barn Light Australia Returns Policy found on the Website. https://www.barnlight.au/return-policy.html

Terms and Conditions means these terms and conditions, as amended from time to time.

Website means https://www.barnlight.au

Website Terms means the terms and conditions governing your use of the Website, in addition to these Terms and Conditions.

We or Us or Our or Barn Light Australia means Barn Light Australia Pty Ltd (ACN 159 184 460).

You or Your means you as the purchaser of Goods from Barn Light Australia pursuant to these Terms and Conditions.

2. COMPLIANCE WITH TERMS & CONDITIONS

2.1 You agree to be bound by these Terms and Conditions when you submit an Order.

2.2 Each Order you place will be a separate and binding agreement between you and Barn Light Australia with respect to the supply of Goods, in accordance with these Terms and Conditions

3. PLACING ORDERS FOR GOODS

3.1. You may place an Order through the Website by submitting the electronic Order form on the Website.

3.2. An Order submitted by you on the Website in the manner described on the Website is an offer by you to purchase Goods for the Price (plus any Delivery Fee where charged and for the avoidance of doubt, GST) as specified at the time you submit your Order.

3.3You acknowledge that all Orders through the Website in respect to Goods are intended for;

(a) Domestic / Personal Usage.
personal and domestic use only and quantity restrictions may apply as set out on the Website from time to time and/or;

(b) Commercial / Industrial Usage.
commercial use, only where you hold a verifiable association with a/the trade-person who is responsible for product vetting and installation. Quantity restrictions may apply from time to time depending on the nature of previous orders, Commercial orders are non-returnable..

3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order. This information will also be used by the Delivery Agent to fulfil your Order. Barn Light Australia will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you.

You also agree to obtain consent to provide Barn Light Australia any personal details for nominated recipients of gifts.

3.5. You may Order from Barn Light Australia if you are aged 16 years or over, have an active email account and a telephone number at which you can be easily contacted.

3.6. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order cannot be made (unless changes to the Order are made by agreement with Barn Light Australia in accordance with clause 5.1 of these Terms and Conditions and any cancellations are otherwise in accordance with these Terms and Conditions). However, we will allow you to return Goods in accordance with the Returns Policy. You must check your Order carefully prior to submitting your Order with us. For terms regarding cancellations or returns of Orders, see the “Order cancellation and returns” section (clause 13) of these Terms and Conditions.

3.7. Where you place consecutive or separate Orders for Goods, we may consolidate the Orders into one at our discretion. A separate Delivery Fee may apply to each Order in accordance with clause 3.6 where the first order has already shipped. Subject to clause X, you can order as many Goods as you would like in an Order up to the total Order value of $10,000 (exl GST). You are required to first contact Barn Light Australia if your Order is expected to be over the Order Value of $10,000 (inc GST) to verify Product availability, Product lead-time and acceptable payment.

3.8. You will be provided with an automatic Order number upon submission of your Order to the Website. The Order number is required when contacting our Customer Service Team in regards to your Order.

3.9. Images, Photos, Diagrams, Descriptions and similar media provided are considered to be for illustration purposes only, actual product may differ. Due to to significant issues with colour matching over un-calibrated screens, it is not possible to provide all customers with identical product as shown online.

4. ORDERS ACCEPTANCE & REJECTIONS

4.1 Barn Light Australia reserves the right to accept or reject your Order for any reason at any time.

4.2 When we accept an Order, it represents an agreement by Barn Light Australia to supply you the Goods in accordance with the Order and these Terms and Conditions (for the avoidance of doubt, an automatic Order number is not classified as acceptance of your Order).

4.2 In the event that we reject an Order under clause 4.1 & 4.2, we will notify you of that rejection and the reason for rejection via email within two (2) Business Days after the placement of the Order. Barn Light Australia will not be liable to you for your loss or that of any third party for the rejection of an Order.

4.3 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Barn Light Australia is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund.

4.4 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order under clause 4.1 and we will notify you of that rejection via phone or email within five (5) Business Days after the placement of the Order. Barn Light Australia will not be liable to you for your loss or that of any third party for the rejection of an Order.

5. RATINGS & REVIEWS

These Terms of Use govern your use of the Ratings and Review service (Service) offered by Barn Light Australia.

5.1 Please read these Terms of Use carefully before using the Service. These Terms of Use contain important information about your responsibilities and liability when submitting information through the Service. In addition to these Terms and Conditions, other important conditions may be applicable to your use of the Service, such as Barn Light Australia’s Privacy Policy.

5.2 You agree to be bound by these Terms of Use each time you submit content (including reviewing, rating and commenting on products) through the https://www.barnlight.au website (Website) by using the Service.

5.3 You acknowledge and agree that:

(a) you shall not submit any content that is known by you to be false, inaccurate or misleading;

(b) you shall not submit any content that infringes any third party’s intellectual property rights (including copyright, trade marks, patents, designs, and any other rights, whether registered or not);

(c) you shall not submit any content that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or privacy);

(d) you shall not submit any content that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

(e) you shall not submit any content for which you were compensated or granted any consideration by any third party;

(f) you shall not submit any content that includes any information that references other websites, addresses, email addresses, personal information or phone numbers; you shall not submit any content that contains any computer viruses, worms or other potentially damaging computer programs or files; and you unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of your moral rights in the content you submit (as defined in Part IX of the Copyright Act 1968 (Cth)) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given;

5.4 By submitting any content to Barn Light Australia, you represent and warrant that:

(a) You are the sole author and owner of the intellectual property rights in the content, and the content is your original and independent creation;

(b) All content that you submit (including personal information) is true, accurate, complete and up to date, and in the case of personal information, is your own personal information (or if that of another person, you have obtained that person’s consent);

(c) You are at least 16 years old;

(d) Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and

(e) Use of the content you supply will not breach any law, or infringe any third party’s rights (including intellectual property rights).

5.5 You acknowledge that you, not Barn Light Australia, are responsible for the contents of your submission.

5.6 For any content that you submit, you assign to Barn Light Australia all rights, title and interest in and to the content in relation to all media (including, but not limited to the internet), and whether in existence now or created in the future.  For the avoidance of doubt, Barn Light Australia may use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you,

5.7 All content that you submit may be used at Barn Light Australia’s sole and absolute discretion.  However, your submission of content through the Service does not constitute a representation that Barn Light Australia will use the content.

5.8 You consent to Barn Light Australia having the right to change, condense, delete any content for the purposes of publication, including because Barn Light Australia deems the content to violate the content guidelines or any other provision of these Terms of Use. Barn Light Australia accepts no responsibility or liability where your comments are downloaded from the Website by any persons, and for any matters arising after such download.

5.9 You will not have any recourse through Barn Light Australia to edit, remove or delete any content (or part thereof) you have submitted, Therefore, you should carefully check that the content of your submission is accurate before you submit it to us.

5.10 Where Barn Light Australia determines that it will use your submissions, ratings and written comments on the Website, Barn Light Australia will post such content within approximately two to four business days (although from time to time, this may take longer). However, Barn Light Australia reserves the right to remove or to refuse to post any submission for any reason.

5.11 You acknowledge and agree that the information submitted is not confidential (to you or any other third party), and is not subject to any obligation of confidence on the part of Barn Light Australia, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

5.12 If you provide personal Information (such as your name and email address) when using the Service, Barn Light Australia will use that information for the purpose of managing your review in accordance with Barn Light Australia’s Privacy Policy. For further information regarding Barn Light Australia’s Privacy Policy including how to access or update any records of Personal Information please visit https://www.barnlight.au/privacy-policy.html

5.13 You agree to indemnify and hold Barn Light Australia (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers harmless from all claim, loss (including, but not limited to, any indirect, consequential or economic loss), liability, damage, action, proceeding, judgement, cost and expense that is, or may be, incurred or sustained by the Indemnified caused by or arising out your breach of these Terms of Use or your violation of any law or the rights of a third party.

5.14 To the fullest extent permitted by law, Barn Light Australia will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms od Use.

5.15 Barn Light Australia excludes to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms of Use.

5.16 Our liability to you for loss or damage of any kind arising out of these Terms of Use will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

5.17 Barn Light Australia reserves the right at all times to make changes to these Terms of Use. Any variations to these Terms of Use will take effect from posting on the Website. The Terms of Use, which apply at the time of submitting your content, are those that govern your relationship with Barn Light Australia with respect to the Services.

5.18 Any provision of these Terms of Use that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms of Use nor affect the validity or enforceability of that provision in any other jurisdiction.

5.19 A failure or delay by Barn Light Australia to exercise a power or right under these Terms of Use does not constitute as a waiver of that power or right, and the exercise of a power or right by Barn Light Australia does not preclude its future exercise or the exercise of any power or right.

5.20 The laws of Victoria, Australia govern this agreement.

6. STAFF DISCOUNT

Use of this website is governed by the Barn Light Australia Staff Discount Policy. Staff should refer to this policy for conditions of use. Failure to comply with, or abuse of, this policy may result in the loss of discount entitlement and/or possible disciplinary action up to, and including termination of employment. Discounts may change without notice. Only persons who have agreed to this policy may use the website to arrange a Staff discount.

7. AVAILABILITY OF GOODS

7.1 You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, Barn Light Australia will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days to either arrange a full or partial refund, or change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the Goods. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Barn Light Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

7.2 We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you. Subject to clause 5.3, Barn Light Australia will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.

7.3 Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Barn Light Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

7.4 Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, Price, discounted Price or otherwise), we will reject the part of the Order that is the subject of the error in accordance with clause 4 (for the avoidance of doubt – Product Options do not reflect the Primary or Product Image. If applicable, Barn Light Australia will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions. If you are not satisfied with the partial fulfilment of your Order, you can return your Order to us in accordance with the Returns Policy.

7.5 You acknowledge and agree that:

(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;

(b) you have read any corresponding written description of the Goods prior to submitting your Order;

(c) the colour of Goods as shown on the Website may vary slightly in shade in real life;

(d) where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and

(e) any accessory featured with the Goods is for illustration purposes only, and may be sold separately.

(f) product options displayed on the Product Pages of the Website may not reflect the picture or images of the Goods shown.

7.6 Gift Certificates receipts are emailed directly to you (for the avoidance of doubt – Where gift certificates are emailed directly to a third-party, you will not receive the gift certificate directly to your email.)

8. PRICE & PAYMENT

8.1 The Price in respect of a Good is specified on the Website.

8.2 Unless otherwise stated, all Prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). GST does not apply to the purchase of Gift Cards. Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.

8.3 Barn Light Australia reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing (provided your Order is not affected by a pricing error, in which case the procedure in clause 5.4 will apply).

8.4 In respect of any Order, we will charge you and you agree to pay:

(a) the Price (which is the Price at the time the Order is submitted); and

(b) subject to clause 9, the Delivery Fee.

(c) duties & taxes where required if your Order is shipping to a foreign country.

8.4 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website, which includes but are not limited to credit card, Pay Pal or Direct Deposit. When paying by credit card, you authorise Barn Light Australia to debit your nominated card at the time you submit your Order. The name on the credit card used for the payment must match the name on the Order or have close association to. Direct Deposits should have your Surname and Order number listed in the reference field made available by your bank.

8.6 Lay-by or similar pay-by-the-period methods are not available for purchases made on the Website.

8.7 You acknowledge and agree that any payment in respect of an Order must be cleared by Barn Light Australia before Goods which are the subject of an Order are despatched. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this on the Website. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order.

8.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law.

8.9 You will receive a tax Invoice by email once payment in respect of your Order has been processed.

8.10 Where an Order is split in accordance with clause 9.6, you may see two separate transactions on your payment statement. You may also be charged additional Delivery Fees in accordance with clause 9.6).

8.11 Residents of New Zealand may opt to review Prices in respect of a Good on the Website in New Zealand Dollars. Orders will be charged in Australian Dollars against the current exchange rate. For the avoidance of doubt all transactions placed are in Australia Dollars (AUD) only.

8.12 Exchange rates from Australian Dollars (AUD) to New Zealand Dollars (NZD) is based upon the ‘Foreign Exchange Rates’ made available by the Westpac Banking Corporation’s Website. We reserve the right to round the exchange rate up to the nearest whole five (5) units to minimise the fluctuating nature of foreign exchange. Example: The exchange rate between AUD to NZD is 1.3328. We reserve the right to round this sum to 1.35 for the purpose of displaying the NZD currency on the Website.

9. DELIVERY

9.1 Barn Light Australia uses Delivery Agents to deliver your Goods. You agree to your details including your Delivery Address to be supplied to the Delivery Agent for the purpose of delivering your Goods.

Delivery Areas

9.2 Subject to clause 7.3, delivery is available within Australia based upon the parcel delivery range of Australia Post® and third-party Delivery Agents. In the rare event that your Order delivery charge exceeds charges made by our Delivery Agent for this order (and prior to shipment), we will provide a revised shipping quote prior to arranging delivery. Where you reject the delivery quote, we will use reasonable endeavours to refund any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Barn Light Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund. We endeavour to ensure that all Order Delivery charges are accurate prior to Order placement, however due to the vast range of delivery areas, serviced by various delivery agents we are unable to provide 100% accurate shipping rates at all times.

9.3 In relation to Bulky Goods, delivery may be limited to metropolitan regions within Adelaide, Brisbane, Melbourne, Perth and Sydney, unless otherwise agreed between Barn Light Australia and you in accordance with this clause. For information regarding metropolitan delivery areas for Bulky Goods please contact our Customer Service Team.

9.4 Where the Delivery Address is outside of metropolitan regions, we strongly encourage you to contact our Customer Service Centre via email to confirm delivery availability and to provide you with a delivery quote prior to submitting your Order. If an Order is submitted, but is not within metropolitan regions, we will contact you to supply you with delivery availability and a quote for delivery. Where you reject the delivery quote, we will use reasonable endeavours to refund any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Barn Light Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

Delivery Fees

9.5 Unless stated otherwise on the Website (for example, where a “Free Shipping” offer applies as set out in clause 9.7), or in these Terms and Conditions, the following Delivery Fees apply to all Orders placed where:

The total parcel weight is under 5kg, except for Goods that require special delivery:

(a) Standard Delivery Fee: $25.00 per Order;

(b) Express Delivery Fee: $60.00 per Order;

(c) Rush Shipment Fee: 25% of Order Subtotal + $60.00 per Order;

The total parcel weight is over 5kg but under 10kg, except for Goods that require special delivery:

(a) Standard Delivery Fee: $35.00 per Order;

(b) Express Delivery Fee: $75.00 per Order;

(c) Rush Shipment Fee: 25% of Order Subtotal + $60.00 per Order;

The total parcel weight is over 10kg; except for Goods that require special delivery

(a) Standard Delivery Fee: $100.00 per Order;

(b) Express Delivery Fee: $175.00 per Order;

(c) Rush Shipment Fee: 25% of Order Subtotal + $175.00 per Order;

The total parcel weight is based upon the cubic volume of the box:

(a) Standard Delivery Fee: $35.00 per Order;

(b) Express Delivery Fee: $75.00 per Order;

(c) Rush Shipment Fee: 25% of Order Subtotal + $60.00 per Order;

9.6 Where you purchase Goods that attract both a Standard Delivery Fee and a Special Delivery Fee (as defined above), you will be required to pay both Delivery Fees, and you authorise Barn Light Australia to make such deductions from your nominated method of payment. For example, if you request Rush Shipment and Standard Delivery, the total Delivery Fee payable will be 25% of the order + $60 OR $75 depending on the weight).

9.7 There may be an increase in the Delivery Fee payable by you in relation to an Order if:

(a) your Order is split and requires multiple deliveries due to:

(i) the quantity or size of the Goods in your Order being large such that Barn Light Australia will be required to package Goods separately; or

(ii) your Order attracting a Standard and Special Delivery Fee; or

(b) delivery of your Order otherwise incurs additional charges.

(c)you have requested alternative shipping arrangements to which we are likely to incur expense.

We will notify you of any change to the Delivery Fee for your Order, and if you do not wish to continue with your Order, you may cancel your Order. We will refund any money paid to us in respect of your Order and make reasonable endeavours to process a refund of any money paid to us within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Barn Light Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

9.8 Where the Website provides for “Free Shipping”, clause 9.5(a) will not apply to your Order for the specified period of “Free Shipping”. A “Free Shipping” offer does not apply to purchases of some Bulky Goods (as indicated on the Website), some Orders that attract both a Standard Delivery Fee and a Special Delivery Fee under clause 9.5, some split orders under clause 9.6, and replaced Goods under the Returns Policy. Where no end date to the “Free Shipping” period is specified on the Website, we may change the offer at any time without prior notification to you. However, all Orders processed during a free shipping offer period will be processed in accordance with the offer.

Delivery Time Frames

9.9 Subject to clause 7.9. Barn Light Australia aims to achieve the delivery time frames set out below.

(a) all Standard Fee and Special Delivery Fee Goods (excluding Bulky Goods):

(i) Australia wide (including capital cities and suburbs, and most regional areas: 3-7 Business Days; and

(ii) Regional Western Australia, Queensland and Northern Territory: 7-10 Business Days;

(b) Bulky Goods – 7-14 Business Days, on a date agreed by you and Barn Light Australia.

(c) Order of a commercial nature – 7-14 Business Days, on a date agreed by you and Barn Light Australia.

We cannot guarantee that Orders that are split under clause 7.6 will be delivered on the same day.

9.10 From time to time, Barn Light Australia may not be able to achieve the delivery time frames in clause 7.1. You acknowledge and agree that notwithstanding anything else in this clause:

(a) Barn Light Australia cannot guarantee that delivery will occur in the delivery time frames specified in clause 7.1;

(b) delivery time frames may change from time to time due to unforeseen circumstances; and

(c) Barn Light Australia is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery.

Barn Light Australia will contact you if there will be a significant delay in delivery exceeding five (5) Business Days.

General terms for delivery

9.11 Delivery of Goods will take place at the Delivery Address specified by you during the Order process. You will need to submit a separate Order for Goods where you require multiple delivery destinations.

9.12 If you are not personally available to accept delivery, you may appoint a representative to do so in your place. The representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that we will be entitled to rely on the representative’s instructions as if they were your own.

9.13 On delivery, the Delivery Agent may require you or your nominated representative to provide them with proof of identity, such as photo identification or proof of age. Barn Light Australia may not make delivery of the Goods if the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of identity or age. Where delivery cannot take place due to insufficient identification;

(a) a calling card will be left for you to collect the Goods from a local Australia Post office. It is your responsibility to follow the instructions stated on the calling card.

(b) a redelivery may be attempted at the discretion of the Delivery Agent & its employees.

9.14 You or your nominated representative may be required to sign a delivery manifest to confirm that the delivery has taken place. If you refuse to sign the delivery document, this will be taken as a refusal to accept the delivery. Where redelivery is required because of refusal to accept delivery, you may be required to pay any associated fees for redelivery.

9.15 If there is no one available at the Delivery Address to accept delivery, or there is limited access to the Delivery Address or it is unsafe or impractical to make delivery, a calling card will be left for you to collect the Goods from a local Australia Post office or a redelivery may be attempted. It is your responsibility to follow the instructions stated on the calling card and/or be available during the time of delivery, or future deliveries.

9.16 Where you do not collect your Goods (excluding Bulky Goods) from the Australia Post office within 10 days of a failed delivery, you must contact our Customer Service Team on 0499 635 743 or email us for further information with respect to claiming your Order. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery.

9.17 You agree to give us as much detail as possible about particular features of the Delivery Address to ensure delivery can take place in advance by calling our Customer Service Team on 0499 635 473 after placing your Order. This includes, without limitation:

(a) Restricted access or parking for our truck;

(b) Restricted or limited access to the premises; or

(c) If you have narrow doors, spiral staircase or tight corners.

Where redelivery is required because access issues or limitations for making delivery, you may be required to pay any associated fees for redelivery.

9.18 Upon delivery, you must inspect and test your Goods and check that the Goods delivered match your Order. If there is obvious damage to the Goods due to transit, you must contact our Customer Service Team as soon as practicable on 0499 635 473 or email us at [email protected]. If the Goods are not as ordered, you may return the Goods to us in accordance with the Returns Policy.

If parts of Goods are missing, you can contact our Customer Service Team for an immediate resolution which normally entails the postage of missing parts, or return the Order in accordance with the Returns Policy. If Goods are missing from your Order, you may call our Customer Service Centre, or return the Order in accordance with the Returns Policy.

You must let us know about any damaged, missing and incorrect Goods as soon as possible. You can otherwise return Goods in accordance with the “Order cancellations and returns “ section (clause 11) of these Terms and Conditions. Any Goods replaced under the Returns Policy due to being faulty, damaged, or incorrect will be delivered to you free of charge. Any returns due to you changing your mind about your purchase will attract a redelivery fee,

9.19 Orders cannot be delivered to a Barn Light Australia showroom for pick-up unless arranged prior to ordering.

9.20 Insurance and express delivery is not available in respect of your Order.

Bulky Delivery Terms

9.21 In relation to Bulky Goods, you acknowledge that you will be available to accept delivery at this address on the delivery date as agreed between you and Barn Light Australia’s Delivery Agent. If you are not available and redelivery is required, a calling card will be left for you to arrange redelivery. Where redelivery is required due to the fact you were not available at the agreed time, you consent to paying any associated fees for redelivery as required by the Delivery Agent.

9.22 Some Bulky Goods may require assembly. The delivery representatives are not required to unpack, assemble or construct items as part of the delivery service. Assembly of the Good is at your expense.

9.23 Where you have elected to return the Goods, you are required to pay the associated shipping fees (without compensation) to return the product back to Barn Light Australia. In the instance that Barn Light Australia is at fault, we will elect to cover the costs of reshipping the Goods to and from your premises via a Delivery Agent we elect

10. SUPPLIER DIRECT TERMS

10.1 Some Goods you purchase on the Website are supplied to you direct from our suppliers. These Goods are identified as such on the Website and different terms and conditions will apply to the delivery of those Goods as set out in this clause and/or on the Website. You must read these additional terms and conditions and any additional information supplied to you on the product page for the Goods on the Website carefully before you purchase these Goods. For the avoidance of doubt, these Terms and Conditions will continue to apply to your purchase. To the extent of any inconsistency between these Terms and Conditions and on the Website, these Terms and Conditions will prevail.

10.2 Supplier Direct Goods are delivered separately to any other Goods in an Order, and may incur an additional Delivery Fee as specified on the Website

11. RESTRICTED GOODS

11.1 You acknowledge and agree that Electrical Goods may be subject to certain restrictions in the jurisdiction of the Delivery Address. You are responsible for ensuring that the Goods can be lawfully imported to the destination country.

11.2 You agree that in ordering Goods that:

(a) you are aged 18 years or over;

(b) you warrant that you are not obtaining the Goods on behalf of a person under the age of 18 years.

11.3 Where Barn Light Australia has reasonable grounds for believing you have breached clauses 11.1 or 11.2, Barn Light Australia may reject your Order in accordance with clause 4.1. We will refund any money paid to us in respect of your Order (where appropriate) and make reasonable endeavours to process a refund of any money paid to us within 5 Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Barn Light Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

12. Risk & Titles

12.1 Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent.

13. ORDER CANCELLATIONS & RETURNS

13.1 Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions. Therefore, you should carefully check that your Order is accurate before you submit it to us. You will, however, be able to return Goods in accordance with the Returns Policy. We endeavour to ship Orders within 48 hours of receipt of your order, if your Order was placed incorrectly please place an immediate follow-up email detailing the error.

13.2 Goods can only be returned under these Terms and Conditions (in particular, this clause 11) and in accordance with the Returns Policy. The Returns Policy forms a part of these Terms and Conditions.

13.3 The following terms apply in addition to the Returns Policy for purchases from Barn Light Australia :

(a) Bulky Goods cannot be returned or exchanged once the item has been delivered, unless required by Law. Please contact the Customer Service Team on 0499 635 473 or email us at [email protected] if the product is faulty so that pick-up can be arranged. Bulky Goods cannot be returned at a Barn Light Australia showroom until confirmation has been obtained from Barn Light Australia.

13.4 If you would like to make a return under the Returns Policy and you do not live near a Barn Light Australia showroom, contact the Customer Service Team on 0499 635 473 or email us at [email protected] to organise an alternative arrangement.

13.5 Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you in accordance with these Terms and Conditions. We will use reasonable endeavours to process your refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund. Barn Light Australia is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund.

13.6 It is a condition of Visa and Master-card that refunds be processed on the same card as the original payment was made in order to minimise the possibility of fraudulent activity on cards. Barn Light Australia is required to comply with all card scheme rules in order to be able to accept these card types, and as such, all of your refunds will be credited to the card you nominated in your Order.

14. PRODUCT RECALLS

14.1 Where a Good is subject to a product recall, a notice will be posted in the Notice section of the Website. You can return Goods that are the subject of the product recall by calling our Customer Service Team or email us at [email protected]

14.2 If you do not live near a Barn Light Australia showroom, contact the Customer Service Team on 0499 635 473 or email us at [email protected] to organise an alternative arrangement.

14.3 You agree for us to contact you, using the personal information provided on your Order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.

15. PROMOTIONS & DISCOUNTS

15.1 The Goods, Prices, and promotions that are offered on the Website may not correspond to those shown via social media websites, coupon websites or websites of a similar nature. For the avoidance of doubt, Price discrepancy between the Website and third-party websites, the Barn Light Website (https://www.barnlight.au) takes preference.

15.2 Barn Light Australia does not price match.

15.3 You may receive online offers and promotions, whether mailed to your home, distributed in a Barn Light Australia showroom or emailed to you, which include a promotional or coupon code for use when shopping at https://www.barnlight.au It is your responsibility to ensure that the Code is valid, and that you enter the Code at the time of making your purchase online. We cannot apply the Code retrospectively once you have submitted your Order. Terms and conditions will apply to the use of the offer or promotion. Please read these carefully to make sure they apply to your purchase from the Website. Coupon Codes are non-transferable and may not be used in conjunction with any other offer.

15.4 Certain offers, unless otherwise stated, and are subject to additional terms and conditions (as specified with the offer). You should read these terms and conditions carefully, as time limits may apply. All offers advertised exclude postage and handling costs and any other costs incurred as a receiving the Product.

16. GIFT CERTIFICATES

16.1 Additional terms and conditions apply with respect to the use of Gift Certificates you purchase from the Website.

16.2 Gift Certificates are treated like cash. Lost or stolen Gift Certificates will not be replaced or refunded. Gift Certificates cannot be used for the payment of credit or trade accounts. Gift Certificates are not redeemable for cash and cannot be exchanged. Gift Certificates are not re-loadable.

16.3 Gift Certificates expire five years from the issue date. For the avoidance of doubt, this is the date in which Barn Light Australia issued the Gift Card and not the date you received the Gift Certificate. Any unused amount after the expiry date of the Gift Card will not be refunded or credited.

16.4 Gift Certificates are to be used for the purchase of goods and services at Barn Light Australia showrooms in Australia (some exclusions may apply). A limit of $1000 per gift certificate and or 5 gift certificates, totalling no more than $5000 per Order applies. Gift certificates can be used as a form of payment for purchases made on the Website.

17. privacy

17.1 Personal Information, such as your contact details, that you provide to us during the Order process will be kept and used by us for the purpose of processing your Order in accordance with Barn Light Australia’s Privacy Policy. For further information regarding Barn Light Australia’s Privacy Policy including how to access or update any records of Personal Information, please visit https://www.barnlight.au/privacy-policy.html

18. WEBSITE TERMS

18.1 For further details regarding Barn Light Australia’s Website Terms such as trade marks, copyright and other applicable terms, please visit https://www.barnlight.au/terms-conditions/

19. WARRANTIES YOU MAKE TO BARN LIGHT AUSTRALIA

19.1 You represent and warrant to Barn Light Australia that:

(a) all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Barn Light Australia;

(b) any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so;

(c) you are over the age of 16; and

(d) in placing your Order, you have read and agree to these Terms and Conditions; and

(e) complied with all Laws.

20. BARN LIGHT AUSTRALIA’S LIABILITY TO YOU

20.1 Subject to any rights you have under any consumer protection law and to the fullest extent permitted by Law, we will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.

20.2 Subject to any rights you have under any consumer protection law, Barn Light Australia excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions. You are entitled to certain rights under consumer protection law that cannot be excluded.

20.3 Our liability to you for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

20.4 Any warranty accompanying the Goods you purchase is a warranty between you and Barn Light Australia Pty. Ltd with respect to the performance of the Goods. In the event that you wish to make a claim under that warranty, details of the warranty and the claim process including the address and fees (if applicable) to which a claim must be sent are set out with the Goods. Barn Light Australia strongly encourages you to follow the warranty claim process and contact us directly to resolve your warranty claim.

Other than expressly stated in relation to particular Goods, Barn Light Australia does not make any express warranties with respect to Goods sold by third-parties (for the avoidance of doubt, any person, business or group that sells the product without written authorisation from Barn Light Australia), and is not liable to you or any third party with respect to any loss, damage, cost, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.

21. TERMINATION

21.1 Barn Light Australia reserves the right to, at its discretion, terminate these Terms and Conditions and your access to and use of the Website:

(a) for convenience, at any time, upon provision of notice to you;

(b) immediately:

(i) if Barn Light Australia reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or

(ii) if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

(iii) if Barn Light Australia becomes aware of automated access attempts designed to benefit you own person without due reason.

22. GENERAL

22.1 Barn Light Australia reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Barn Light Australia with respect to that Order.

22.2 Barn Light Australia may give notice to you by electronic mail. You may give notice to Barn Light Australia by electronic mail to our Customer Service Team at [email protected]

22.3 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceable. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

22.4 A failure or delay by Barn Light Australia to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Barn Light Australia does not prelude its future exercise or the exercise of any power or right.

22.5 The laws of Victoria, Australia govern this agreement. Your transaction is deemed to have taken place in Berwick, Victoria.

23. RUSH ORDER

23.1 The Rush Order surcharge pushes your order in front of the queue and allows us to start working on your order immediately. This doesn’t necessarily mean that you will receive your order any sooner, it does infer that we are prioritising your order to ship as soon as we possibly can. If you have any questions regarding the Rush Order Surcharge, please call us on 03 8743 5500 or email [email protected] – Once RUSH Fees are received, we will not under any circumstances refunds this portion or permit you to cancel your order. You acknowledge that in order for us to prioritise your order, you will supply us all necessary details upon immediate request.

23.2 When communicating with Barn Light Australia, if you infer verbiage that signifies a request to receive goods earlier than our standard lead-times you will be charged the nominated RUSH fee.
ie. requests for; “RUSH ORDER” , “ASAP“, “AT SOONEST” – We will request written confirmation prior to starting this order modification and charging your nominated credit-card. If payment is not received within twenty-four (24) hours from the date of the request the order will not be considered a RUSH order.

24. CUSTOMS, DUTIES, AND TAXES

24.1 New Zealand Orders – https://www.customs.govt.nz/personal/send-and-receive-items/receive-items-from-overseas/

Shipments to New Zealand fall under the New Zealand Customs Service. The New Zealand customer accepts responsibility of payment for all duties, charges, and taxes (GST) based on the Customs value of your order on your side of the border.
We will where-ever possible attempt to rectify customs related problems such as lack of Client Codes / Customs valuations and delivery addresses with our agents as it arises. Custom charges incurred by us will be charged back to your original payment method OR the package will be returned and these costs will be deducted from your refund. Please be aware that we have no control over what NZ Customs designate our goods even when using HS Codes (Harmonised Codes) – A majority of our products come under the following HS Code: 9405.40.xx; – Other electric lamps and light fittings.

24.2 International Orders

Shipments outside of Australia have two primary requirements – A surcharge applicable for freight related expenses (local duties/taxes/tariffs/charges) and the freight component itself.

The international customer accepts responsibility of payment for all duties, charges, and taxes based on the Customs value of your order on your side of the border.
We will where-ever possible attempt to rectify customs related problems such as lack of Client Codes / Customs valuations / Import restrictions / Alternative delivery addresses with our agents as it arises. Custom charges incurred by us will be charged back to your original payment method OR the packages will be returned and these costs will be deducted from your refund. Please be aware that we have no control over what your local Customs house designates our goods even when using HS Codes (Harmonised Codes) – A majority of our products come under the following HS Code: 9405.40.xx; – Other electric lamps and light fittings.

Leave a Reply

Your email address will not be published. Required fields are marked *