1.1.1 The website bespokelighting.co.nz is owned and operated by Bespoke Lighting Limited, trading as “Bespoke Lighting”. References to “we”, “us”, our” or “the website” are references to Bespoke Lighting Limited.  We are a company registered in New Zealand, and our contact details for correspondence is:

bespokelight@outlook.com

1.1.2 Your use of this website  is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.

1.2 Changes to Terms and Conditions

1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the Bespoke Lighting website after changes are made means that you agree to be bound by such changes.

2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.

2.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.

3.1 Copyright

3.1.1 This website and its content is copyright of Bespoke Lighting Ltd. All rights reserved.

3.2 Trademarks

3.2.1 All trademarks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.

4.1 If you change address, you must update your address details in the relevant section of the website to ensure that no boxes are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any boxes posted to the wrong location.

5.1. Although we aim to offer you the best service possible, we make no promise that our website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.

5.2. Your access to the Bespoke Lighting Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email or telephone.

6.1 If you order off the bespokelighting.co.nz website, all the relevant terms of these Terms and Conditions shall apply.

6.2 You may submit orders online at any time after you have created an account. The facility and our communications to you in relation to any order will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. The website allows you to review all the products that you have already ordered from us.

6.3 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in these Terms and Conditions.

6.4 No order is accepted from you until our website displays an order confirmation message. This message is displayed after your payment has been made.

7.1 Discounts and coupon codes cannot be used in conjunction with any other offers.

7.2 You must have internet access and valid payment details to redeem a free or discounted offer.

Payment is made at time of purchase. Shipping times vary for our products, please see the specific shipping / lead time details on each product page.

9.2 Actual delivery times may vary for you depending on;
i) our stock availability,
ii) your delivery address,
iii) when you make your selection, and
iv) circumstances impacting delivery by the New Zealand Post.
We reserve the right to use alternative delivery methods without prior notification.

9.3 You will not hold us responsible for any delays, outside our control, which relate to the delivery of your order.
9.4 It is the customer’s responsibility to report a lost order. Customers are obliged to comply with either New Zealand Post’s claim compensation process or Bespoke Lighting process.

9.6 If you are dissatisfied with any product you receive from us, please contact our customer services team on bespokelight@outlook.com

10.1 You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing or otherwise modifying any material provided as part of the Service.

10.2 All content and programming of the Bespoke Lighting website is the property of Bespoke Lighting. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Bespoke Lighting website without written permission from Bespoke Lighting.

12.1 We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy.

13.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.

14.1 Nothing in this clause (13) or otherwise in these Terms and Conditions shall exclude or in any way limit Bespoke Lighting’s liability for;
i) Fraud
ii) Death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977)
iii) Where you are a consumer, for negligence, breach of contract or breach of statutory duty in respect of defective products sold through the website.
iv)Liability to the extent the same may not be excluded or limited as a matter of law.
Nor will any of these terms restrict any of your statutory rights.

14.2 This website and its contents are provided “as is” and on an “as available” basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. Subject to clause 13.1, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.

14.3 Subject to clause 13.1, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

14.4 Subject to clauses 13.1, 13.2 and 13.3 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of $1 and/or the total amount paid by you to us in respect of Bespoke Lighting Services in the month preceding any such claim but, if you are a consumer, please note that this does not affect your statutory rights.

15.1 This website is controlled by Bespoke Lighting. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of New Zealand. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the New Zealand courts.

16.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.

17.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.

18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

19.1 Subject to clause 13.3, and excluding the provisions of clause 3.1.2 which confers a benefit upon Third Party Licensor’s as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts.

19.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.

20.1 You must inspect the products on day of receipt and notify us the same day of any defects. We will replace, repair or refund you for defective products if notified of any damage or defects on the day of receipt.

21.1 You agree to indemnify and hold Bespoke Lighting, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions or any violation by you of any applicable laws or the rights of any third party.

22.1 The information contained in this website is for general information purposes only. The information is provided by Bespoke Lighting and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
23.2 This website and its content are copyright of Bespoke Lighting