Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website operated by Domus Lighting Pty Ltd (ABN 40 001 258 279) (“DOMUS”, “we”, “us” or “our”) at www.www.domuslighting.com.au (“Website”).

By accessing or using the Website, you agree to these Terms. If you do not agree with these Terms, you should not use the Website.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.

1. About the Website

The Website provides information about DOMUS, our products and services and may include:

• product information and specifications;
• product images, videos and other media;
• technical information and installation materials;
• catalogues, brochures and downloadable resources;
• information about warranties and warranty claims;
• a store locator for finding independent retailers and stockists;
• contact and enquiry forms;
• links to other websites and services; and
• links to the DOMUS Clearance Store.

Unless expressly stated otherwise, information provided on the Website is provided for general information purposes.

2. Use of the Website

You may use the Website for lawful purposes and in accordance with these Terms.

You must not:

• use the Website for any unlawful, fraudulent or improper purpose;
• interfere with, disrupt or damage the Website or any systems connected to it;
• attempt to gain unauthorised access to the Website, our systems or information belonging to another person;
• knowingly introduce viruses, malicious code or other harmful technology;
• use automated systems, scraping tools or similar technologies to extract substantial amounts of Website content without our prior written permission;
• reproduce, distribute, modify, publish or commercially exploit Website content except as permitted by these Terms or by law;
• impersonate another person or misrepresent your identity when communicating with us; or
• use the Website in a way that infringes the rights of DOMUS or any other person.

We may take reasonable steps to restrict access to the Website where we reasonably believe these Terms have been breached or where necessary to protect the Website, our systems or other users.

3. Product Information

We take reasonable care to ensure that product information published on the Website is accurate and current.

Product information may include specifications, measurements, dimensions, performance information, technical data, installation information, photographs, illustrations, diagrams and other materials.

Products, specifications, features and availability may change from time to time. Where appropriate, you should confirm that the product information relevant to your intended purchase or installation is current before relying on it.

Nothing in this section limits any rights or remedies available to you under the Australian Consumer Law or other applicable law.

4. Product Images, Colours and Finishes

We take reasonable steps to represent our products accurately on the Website.

However, the appearance of colours, finishes, textures and other visual characteristics may vary depending on factors including your device, display, screen settings, lighting conditions and photography.

Product images may also be illustrative and should be considered together with the applicable product specifications and technical information.

Where colour, finish, dimensions or another characteristic is particularly important to your intended use, we recommend confirming the relevant specification before purchasing or installing the product.

5. Technical and Installation Information

The Website may contain technical specifications, installation instructions, diagrams and other information relating to DOMUS products.

You should follow the installation instructions supplied with the relevant product and comply with applicable laws, regulations and standards.

Where a product requires installation or electrical work to be carried out by a licensed or otherwise appropriately qualified person, that work should only be performed by a person who holds the qualifications and licences required by applicable law.

Information provided on the Website is not intended to replace professional electrical, engineering, building or other specialist advice where such advice is appropriate.

Improper installation, modification, maintenance or use of a product may affect the operation, safety or warranty coverage of that product.

6. Warranties

DOMUS products may be covered by a manufacturer’s warranty in accordance with the applicable DOMUS Warranty Statement.

Warranty coverage, duration, eligibility requirements, exclusions and the procedure for making a warranty claim are set out in the Warranty Statement applicable to the product.

Our manufacturer’s warranties operate in addition to rights and remedies that may be available under the Australian Consumer Law and other applicable laws. Consumer rights that cannot lawfully be excluded, restricted or modified are not affected by these Terms or by a DOMUS manufacturer’s warranty.

Where there is any inconsistency between these Terms and the applicable DOMUS Warranty Statement in relation to the administration of a DOMUS manufacturer’s warranty, the Warranty Statement will apply to that warranty to the extent of the inconsistency, subject always to applicable law.

7. Warranty Claims

The Website provides a facility for submitting warranty claims.

When making a warranty claim, you may be asked to provide information including:

• your contact details;
• proof of purchase;
• product and purchase information;
• installation details;
• details of the electrician or contractor who installed the product;
• a description of the issue; and
• photographs or videos showing the product or reported fault.

You must take reasonable care to ensure that information submitted in connection with a warranty claim is accurate and complete.

Submitting a warranty claim through the Website does not, by itself, mean that the claim has been accepted. We may need to review the information provided, request additional information or inspect or test the product before determining the claim.

Warranty claims will be assessed in accordance with the applicable DOMUS Warranty Statement and applicable law.

8. Content Submitted to DOMUS

If you submit photographs, videos, documents or other materials (“Submitted Content”) through the Website, including as part of a warranty claim, you confirm that you have the right to provide that content to us.

You retain any intellectual property rights that you hold in your Submitted Content.

You give DOMUS permission to use, reproduce, store, review and, where reasonably necessary, share Submitted Content for the purpose for which it was provided. For warranty claims, this may include assessing and administering the claim, investigating the product or reported issue, communicating with relevant contractors or service providers, maintaining appropriate records and complying with legal obligations.

This permission is limited to purposes reasonably connected with the reason the content was submitted and does not, by itself, give DOMUS permission to use your warranty photographs or videos for unrelated advertising or promotional purposes.

Personal information contained in Submitted Content will be handled in accordance with our Privacy Policy.

9. Independent Retailers and Stockists

DOMUS products are available through independent retailers and stockists.

The retailers and stockists identified on our Website, including through our store locator, are independently operated businesses and are not owned or operated by DOMUS unless expressly stated otherwise.

A retailer or stockist may determine its own pricing, stock availability, trading hours, delivery arrangements and other terms of sale.

While we take reasonable steps to keep retailer and stockist information current, information may change from time to time. We recommend contacting the relevant retailer or stockist directly to confirm product availability, pricing, opening hours and other information before visiting or purchasing.

Nothing in this section affects any obligations DOMUS may have under applicable law in relation to DOMUS products.

10. Store Locator

Our Website includes a store locator to assist users in finding independent retailers and stockists of DOMUS products.

Search results are provided for convenience and may be based on location information entered into the store locator.

The appearance of a retailer or stockist in the store locator does not guarantee that a particular DOMUS product is currently available at that location.

You should contact the relevant retailer or stockist directly if you need to confirm stock availability or other store information.

11. DOMUS Clearance Store

DOMUS also operates the DOMUS Clearance Store, which may be accessed through links on the Website.

The Clearance Store operates separately from the main DOMUS Website and allows customers to purchase products online.

Purchases made through the DOMUS Clearance Store are subject to the terms, policies and conditions displayed on the Clearance Store, including any applicable terms relating to orders, payments, delivery, returns and refunds.

These Website Terms do not replace any specific terms that apply to purchases made through the DOMUS Clearance Store.

Your rights under the Australian Consumer Law continue to apply where applicable.

12. Third-Party Websites and Services

The Website may contain links to websites, applications or services operated by third parties.

Links are provided for convenience or to provide access to relevant information and services. Unless expressly stated otherwise, DOMUS does not control third-party websites and is not responsible for their content, availability, security or privacy practices.

Access to and use of third-party websites may be subject to separate terms and privacy policies imposed by the relevant third party.

A link to a third-party website does not necessarily constitute an endorsement of all information, products or services available through that website.

This section does not apply to the DOMUS Clearance Store to the extent that it is operated by DOMUS.

13. Intellectual Property

Unless otherwise indicated, the Website and its content are owned by or licensed to DOMUS and are protected by applicable intellectual property laws.

Website content may include:

• the DOMUS name, brands, logos and trade marks;
• product names and branding;
• photographs and product renders;
• videos;
• text and product descriptions;
• catalogues and brochures;
• technical drawings and diagrams;
• specifications and technical information;
• graphics, icons and design elements; and
• the layout and presentation of Website content.

You may view, download or print Website content for legitimate personal, informational or internal business purposes, provided that you do not remove copyright, trade mark or other proprietary notices.

Except as permitted by law or with our prior written permission, you must not reproduce, modify, republish, distribute, sell, license or commercially exploit a substantial part of the Website or its content.

Nothing in these Terms transfers ownership of DOMUS intellectual property to you.

14. Website Availability

We aim to keep the Website available and functioning appropriately, but we do not guarantee that it will always be available, uninterrupted or free from technical issues.

We may temporarily restrict or suspend access to all or part of the Website where reasonably necessary for maintenance, security, updates, technical reasons or circumstances outside our reasonable control.

We may also update, modify or discontinue Website content or functionality from time to time.

15. Information and Website Errors

Despite taking reasonable care in maintaining the Website, errors or omissions may occasionally occur.

If we become aware that material product information on the Website is incorrect, we may take reasonable steps to correct or update that information.

You may contact us if you believe information published on the Website is inaccurate.

Nothing in these Terms excludes or limits our obligations regarding misleading or deceptive conduct, false or misleading representations or other obligations imposed by applicable law.

16. Liability

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law where doing so would be unlawful.

To the extent permitted by law, DOMUS is not responsible for loss or damage caused solely by:

• your unlawful or unauthorised use of the Website;
• your failure to follow applicable product installation, operation or maintenance instructions;
• alterations or modifications made to a product by you or another person where those alterations or modifications caused the relevant loss or damage; or
• third-party websites, systems or services that are outside DOMUS’s reasonable control,

except to the extent that the loss or damage was caused or contributed to by an act or omission of DOMUS or where liability cannot lawfully be excluded.

Any limitation or exclusion in these Terms applies only to the extent permitted by law.

17. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict or modify any right or remedy available to you under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or under any other applicable legislation that cannot lawfully be excluded, restricted or modified.

DOMUS products may come with consumer guarantees under the Australian Consumer Law regardless of any manufacturer’s warranty offered by DOMUS.

Our manufacturer’s warranties provide benefits in addition to rights and remedies that may be available under the Australian Consumer Law.

18. Privacy

Your privacy is important to us.

Personal information collected through or in connection with the Website is handled in accordance with our Privacy Policy.

Our Privacy Policy explains the types of personal information we collect, how we collect, hold, use and disclose that information, and how you may contact us about privacy matters.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Website, our business practices or applicable laws.

The current version of these Terms will be published on the Website and will display the date on which it was last updated.

Changes will apply from the date the updated Terms are published, unless otherwise stated.

Where a separate agreement already exists between you and DOMUS, changes to these Website Terms will not retrospectively alter that agreement unless the agreement itself permits the change or you and DOMUS otherwise agree.

20. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary and permitted by law.

If it cannot be read down, it will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

21. Governing Law

These Terms are governed by the laws of New South Wales, Australia and applicable Commonwealth laws.

Subject to any rights you may have to bring proceedings in another jurisdiction under applicable law, you and DOMUS submit to the courts of New South Wales and courts entitled to hear appeals from those courts.