Terms of Service

Overview

Throughout the site, the terms “we”, “us” and “our” refer to Galaxy Lighting. We offer this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting changes to this page; your continued use of the site constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and Services to you.

1. Online store terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General conditions

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 without express written permission by us.

3. 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 as the sole basis for making decisions without consulting primary, more accurate 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 which 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.

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

5. Products or Services

Certain products or Services may be available exclusively online through the website. These may have limited quantities and are subject to return or exchange only according to our Refund & Returns Policy. We have made every effort to display as accurately as possible the colours and images of our products, but we cannot guarantee that your monitor’s display of any colour will be accurate. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, and to limit the quantities of any products or Services we offer. All descriptions of products and pricing are subject to change at any time without notice. We do not warrant that the quality of any products, Services, information or other material purchased or obtained by you will meet your expectations.

6. 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, including orders placed under the same customer account, the same credit card, and/or the same billing or shipping address. If we change or cancel an order, we may attempt to notify you via the email and/or billing address/phone number provided at the time of order. 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, and to promptly update your account information so that we can complete your transactions and contact you as needed. For more details, please review our Refund & Returns Policy.

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

8. 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 for any third-party materials or websites. Please review carefully the third-party’s policies and practices before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.

9. User comments, feedback and other submissions

If you send certain specific submissions (for example contest entries) or, without a request from us, send creative ideas, suggestions, proposals, plans or other materials (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments. You agree that your comments will not violate any right of any third-party and will not contain unlawful, abusive or obscene material. You are solely responsible for any comments you make and their accuracy.

10. Errors, inaccuracies and omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, 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 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 except as required by law.

11. Prohibited uses

In addition to other prohibitions set out in the Terms, 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, state or local regulations, rules, laws or ordinances; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code; (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. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

12. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that the results obtained from the use of the Service will be accurate or reliable. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you are (except as expressly stated by us) provided “as is” and “as available” without any representation, warranties or conditions of any kind. In no case shall Galaxy Lighting, our directors, officers, employees, affiliates, agents, contractors, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind arising from your use of the Service or any products procured using the Service. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

Your statutory rights. Nothing in these Terms limits your rights under the New Zealand Consumer Guarantees Act 1993 or Fair Trading Act 1986 where they apply.

13. Indemnification

You agree to indemnify, defend and hold harmless Galaxy Lighting and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any other remaining provisions.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

16. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

17. Governing law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.

18. Changes to Terms of Service

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

19. Payment methods

We accept major credit and debit cards along with express checkout options (such as Apple Pay, Google Pay and Shop Pay) at checkout. Available payment methods are shown at the checkout page.

20. Contact information

Questions about the Terms of Service should be sent to us at info@galaxylighting.nz.

North Shore

19/18 Link Drive, Wairau Valley, Auckland 0627 · (022) 072-8090

East Auckland

R/451 Ti Rakau Drive, Huntington Park, Auckland 2013 · (022) 533-3883