Terms & Conditions
1.1 “Supplier” shall mean WWOL Australia PTY LTD T/A Wide World of Lights Superstores, its successors and assigns or any person acting on behalf of and with the authority of WWOL Australia PTY LTD T/A Wide World of Lights Superstores.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Supplier to the Client.
1.3 “Guarantor” means that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor basis.
1.4 “Goods” shall mean all Goods supplied by the Supplier to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Supplier to the Client.
1.5 “Services” shall mean all Services supplied by the Supplier to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the Price payable for the Goods as agreed between the Supplier and the Client in accordance with clause 4 of this contract.
2. The Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
2.2 Where the Client buys Goods as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
3.1 Any instructions received by the Supplier from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Supplier shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Supplier.
3.4 The Client shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the Supplier as a result of the Client’s failure to comply with this clause.
3.5 Goods are supplied by the Supplier only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4. Price and Payment
4.1 At the Supplier’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Supplier to the Client in respect of Goods supplied; or
(b) the Supplier’s current price at the date of delivery of the Goods according to the Supplier’s current Price list; or
(c) the Supplier’s quoted Price (subject to clause 4.2) which shall be binding upon the Supplier provided that the Client shall accept the Supplier’s quotation in writing within thirty (30) days.
4.2 The Supplier reserves the right to change the Price in the event of a variation to the Supplier’s quotation. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to unforeseen circumstances as a result of increases to the Supplier in the cost of materials and labour) will be charged for on the basis of the Supplier’s quotation and will be shown as variations on the invoice.
4.3 At the Supplier’s sole discretion a non refundable deposit may be required.
4.4 At the Supplier’s sole discretion:
(a) payment shall be due on delivery of the Goods; or
(b) payment shall be due before delivery of the Goods; or
(c) payment for approved Clients shall be made by instalments in accordance with the Supplier’s payment schedule; or
(d) payment for approved Client’s shall be due on thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
4.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
4.6 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to two and three quarters of a percent (2.75%) of the Price), or by direct credit, or by any other method as agreed to between the Client and the Supplier. Purchases made with American Express or JCB cards will be subject to a 2.75% surcharge.
4.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Lay-by Conditions
5.1 In the event that the Client purchases the Goods on lay-by then these terms and conditions shall be deemed to be a lay-by agreement.
5.2 The lay-by agreement shall commence upon payment by the Client to the Supplier of a deposit of twenty-five percent (25%) of the Price of the Goods and final payment for the Goods on lay-by shall be due no later than eight weeks after the deposit is paid.
5.3 In the event that the lay-by agreement is terminated by the Client and provided the Supplier has not breached any terms of the agreement then a termination charge shall be payable to the Supplier to cover the Supplier’s reasonable costs in relation to the agreement. Upon termination of the lay-by agreement by the Client the Supplier shall refund to the Client all monies already paid to the Supplier for the lay-by Goods less the termination charge.
6. Delivery of Goods
6.1 At the Supplier’s sole discretion delivery of the Goods shall take place when:
(a) the Client takes possession of the Goods at the Supplier’s address; or
(b) the Client takes possession of the Goods at the Client’s nominated address (in the event that the Goods are delivered by the Supplier or the Supplier’s nominated carrier).
6.2 At the Supplier’s sole discretion the costs of delivery are in addition to the Price.
6.3 When payment is received, WWOL will endeavour to dispatch product ordered within 14 business days unless informed in advanced of any delays.
6.4 The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery.
6.5 The Supplier may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.6 The failure of the Supplier to deliver shall not entitle either party to treat this contract as repudiated.
6.7 The Supplier shall not be liable for any loss or damage whatsoever due to failure by the Supplier to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of the Supplier.
7.1 If the Supplier retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.
7.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Supplier is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquiries.
7.3 Where the Client expressly requests the Supplier to leave Goods outside the Supplier’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all.
8.1 The Supplier and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid the Supplier all amounts owing for the particular Goods; and
(b) the Client has met all other obligations due by the Client to the Supplier in respect of all contracts between the Supplier and the Client.
8.2 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Supplier’s ownership or rights in respect of the Goods shall continue.
8.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until the Supplier shall have received payment and all other obligations of the Client are met; and
(b) until such time as ownership of the Goods shall pass from the Supplier to the Client the Supplier may give notice in writing to the Client to return the Goods or any of them to the Supplier. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
(c) the Supplier shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Client fails to return the Goods to the Supplier then the Supplier or the Supplier’s agent may (as the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods are situated and take possession of the Goods; and
(e) the Client is only a bailee of the Goods and until such time as the Supplier has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to the Supplier for the Goods, on trust for the Supplier; and
(f) the Client shall not deal with the money of the Supplier in any way which may be adverse to the Supplier; and
(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Supplier; and
(h) the Supplier can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that the Supplier will be the owner of the end products.
9. Personal Property Securities Act 2009 (“PPSA”)
9.1 In this clause:
(a) financing statement has the meaning given to it by the PPSA;
(b) financing change statement has the meaning given to it by the PPSA;
(c) security agreement means the security agreement under the PPSA created between the Client and the Supplier by these terms and conditions; and
(d) security interest has the meaning given to it by the PPSA.
9.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions:
(a) constitute a security agreement for the purposes of the PPSA; and
(b) create a security interest in:
(i) all Goods previously supplied by the Supplier to the Client (if any);
(ii) all Goods that will be supplied in the future by the Supplier to the Client.
9.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii);
(b) indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of the Supplier;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Supplier; and
(e) immediately advise the Supplier of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
9.4 The Supplier and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
9.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
9.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
9.7 Unless otherwise agreed to in writing by the Supplier, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
9.8 The Client shall unconditionally ratify any actions taken by the Supplier under clauses 9.3 to 9.5.
10. Security and Charge
10.1 Despite anything to the contrary contained herein or any other rights which the Supplier may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Supplier or the Supplier’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Supplier (or the Supplier’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Supplier or the Supplier’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 10.1.
11.1 The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods except where the Client has acquired Goods as a consumer within the meaning of the Competition and Consumer Act 2010 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
12.1 Returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 11.1; and
(b) the Supplier has agreed in writing to accept the return of the Goods; and
(c) the Goods are returned at the Client’s cost within seven (7) days of the delivery date; and
(d) the original receipt is produced with the Goods to be returned.
(e) the Supplier will not be liable for Goods which have not been stored or used in a proper manner; and
(f) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances. In the event that Goods are not returned in their original packaging then a restocking fee of forty percent (40%) shall apply.
12.2 The Supplier may (at their sole discretion) accept the return of Goods for credit but this may incur a handling fee of up to twenty five percent (25%) of the value of the returned Goods plus any freight costs.
12.3 Return or cancellation of special orders for the Client will incur a restocking fee of fifty percent (50%) of the Price.
13.1 For Goods not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
13.2 The Client must retain their original receipt of purchase, electricians installation reciept if required to be installed by a licensed electrician in order to submit any warranty claim.
13.3 WWOL home brands purchased through WWOL online shop include a "back to base*" warranty (refer to the product for the specified period), this requires the client to have the product removed by an electrician (if required), return to 790 Nicklin Way Currimundi QLD 4551 Attn Service Department, Allow 7-10 days for a report of fault and WWOL will have the replacement/repaired product shipped to your address at no charge. If purchased in showrooms all WWOL home brands are covered by an "on site warranty*" which includes an electrician to replace/repair the faulty product on site, if the product is not at fault once returned to showroom or when the electrician visits the site the cost of the electrcian or the cost of returning the product will be required to be paid before any works are completed or product sent back. All of the above information is only valid for clients within Australia, all other countries please contact WWOL directly to discuss warranty information.
*Back to base: In the event of a fault, the product in question must be returned by the client to the specified destination above, costs of electrician & returning the goods payable by client, WWOL will return the goods if deemed to be faulty back to the client at WWOL costs. This includes and not limited to international clients.
*On site warranty: In the event of a fault, the product in question is covered on site by an accredited electrcian, if a WWOL accredited electrcian is not available in the area in which it is installed a flat fee is offered to the client for compensation of the cost, approval by WWOL service department must be obtained prior to proceeding. A report and detailed images of the fault is required by the electrician attending site for warranty claims this must be recieved by WWOL Service department prior to any costs paid.
Note: Prior to proceeding with any warranty on WWOL/Manufacturer behalf, a formal approval must be issued by WWOL service department before any works are completed, if any costs that have no prior approval are due, this will not be covered by WWOL/manufacturer. All subsidiary costs to complete works ie: scafollding etc... will not be covered by WWOL service claims. Discuss the nature of the service directly with WWOL service department before proceeding as this may incur call out fees.
14. Intellectual Property
14.1 Where the Supplier has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in the Supplier, and shall only be used by the Client at the Supplier’s discretion.
14.2 The Client warrants that all designs or instructions to the Supplier will not cause the Supplier to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Supplier against any action taken by a third party against the Supplier in respect of any such infringement.
14.3 The Client agrees that the Supplier may use any documents, designs, drawings or Goods created by the Supplier for the purposes of advertising, marketing, or entry into any competition.
15. Default and Consequences of Default
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
15.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by the Supplier.
15.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal costs on a solicitor and own client basis and the Supplier’s collection agency costs.
15.4 Without prejudice to any other remedies the Supplier may have, if at any time the Client is in breach of any obligation (including those relating to payment) the Supplier may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. The Supplier will not be liable to the Client for any loss or damage the Client suffers because the Supplier has exercised its rights under this clause.
15.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
15.6 Without prejudice to the Supplier’s other remedies at law the Supplier shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
16.1 The Supplier may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Supplier shall repay to the Client any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage whatsoever arising from such cancellation.
16.2 In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation. A minimum cancellation fee of twenty two and a half percent (22.5%) shall apply.
16.3 Cancellation of orders for Goods made to the Client’s specifications or non-stocklist items may, at the Supplier’s sole discretion be refused by the Supplier once production has commenced.
17. Privacy Act 1988
17.1 The Client and/or the Guarantor/s (herein referred to as the Client) agree for the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by the Supplier.
17.2 The Client agrees that the Supplier may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client.
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
17.3 The Client consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
17.4 The Client agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other purposes as shall be agreed between the Client and Supplier or required by law from time to time):
(a) the provision of Goods; and/or
(b) the marketing of Goods by the Supplier, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.
17.5 The Supplier may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
17.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number;
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that the Supplier is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of the Supplier, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Clients credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by the Supplier has been paid or otherwise discharged.
18. Unpaid Supplier’s Rights
18.1 Where the Client has left any item with the Supplier for repair, modification, exchange or for the Supplier to perform any other Service in relation to the item and the Supplier has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Supplier shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while the Supplier is in possession of the item;
(c) a right to sell the item.
18.2 The lien of the Supplier shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
19. Advertising and Promotion Conditions
All Sale/Promotions in magazines, brochures, leaflets, catalogues, flyers, promo cards, e-promo, emails, mail outs, TV commercials, radio commercials, live reads, VMS board displays, promo banners *Excludes Clearence & Sale items. Not to be used with any other offer. Second Item discount will be off equal or lesser value item. Images are for illustration purposes only, products may slightly differ to what is displayed. All electrical work must be performed by a liscensed electrician. WWOL holds the right to refuse, with hold any product offered on WWOL mediums or any sale material on the basis of misprints or mistakes. Items advertised will be in stock at the time of feature but if stocks do run out WWOL reserve the right to (A) not back order (B) back order (c) offer an equivelent product in lieu, this will be at the descretion of the manager on duty to which options is on offer. ’Limited Stocks’ ’Clearence’ ’End of Lines’ these terms are used for limited stocks and when stocks do run out this will mean the price is valid until this point and no longer as the product can not be reordered.
Solar Terms & Conditions: *Price based on 1.5kw System & does not include pitch more than 24 degrees. Does not include meter board upgrading. "Perfect Scenario" is at the descretion of the installer STC’s must be assigned to the designated installer/WWOL in full. Prices does not include any extra work performed by the electrician which may or may not be from a ’Perfect Scenario’ these are priced at the time of quoting and paid directly from the client to the electrician. All worked performed by the designated installer/electrician is not honoured or waranted by WWOL, WWOL is simply acting on behalf of the installer under which the installer/electrician is being paid by the STC’s. By excepting the contract with WWOL you will be entering into a contract with WWOL and the designated installer/electrician under which are completely sepearate and stand alone. All product is paid for before the items leave WWOL showrooms and from this point the product is in the hands of the consumer wheather the client or the installer is picking up the products. WWOL holds no responsibility for missing, faulty gear which may occur after this point. All dealings with the installer/electrician must be dealt with the installer/electrician directly as WWOL hold no responsibility for any issue which may arrise with the installer/electrician as this is a seperate contract between the consumer and the installer/electrician.