PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Arco Imports Pty Ltd's relationship with you in relation to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, "Us", "Our" and "We" refers to Arco Imports Pty Ltd and "You" and "Your" refers to you, the client, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Arco Imports Pty Ltd's rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Arco Imports Pty Ltd is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Arco Imports Pty Ltd's liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.
LINKS TO OTHER WEBSITES
Arco Imports Pty Ltd may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Arco Imports Pty Ltd and the owners of those websites. Arco Imports Pty Ltd takes no responsibility for any of the content found on the linked websites. Arco Imports Pty Ltd's website may contain information provided by third parties for which Arco Imports Pty Ltd accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a 'recommendation' only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
DISCLAIMER
To the fullest extent permitted by law, Arco Imports Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Arco Imports Pty Ltd gives no warranty that the documents will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Arco Imports Pty Ltd to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website. It is your responsibility to do so.
WARRANY CLAIMS: CONDITIONS OF PURCHASE AGREEMENT.
For a warranty to be claimed, you must agree to returning the item, at your own expense, to us in Australia if you reside in Australia, or to the factory where the product was manufactured if you do not reside in Australia. The product will then be tested for any manufacturer faults that may have occurred within the products warranty period. All and any warranty claims are limited to manufacturer faults not outside normal operating environments. Warranties are only valid if you can produce an invoice of purchase for the product that you want to put a claim in for within the warranty period for that product. Any damage incurred during shipping is not covered in any of our warranties, this is the responsibility of the buyer and the shipping agent. The buyer must check all goods for damage that may be incurred in transit and contact the freight company to report it immediately. Warranty claims for damage while in transit is the responsibility of the buyer and the shipping company. Before buying any products from this website, or from arco imports pty ltd via this website, you must agree to these warranty claim conditions of purchase.
All fitting of any lighting products must be done by a qualified electrician. Any damage caused by incorrect fitting of a product purchased from Arco Imports Pty Ltd is the sole responsibility of the buyer and the fitter. Arco Imports Pty Ltd does not guarantee that any product you buy from us will be suitable for all OEM, (original equipment manufacturer), applications. Products sold by Arco Imports Pty Ltd are an "after market" product and may not be suitable for all OEM applications. Before buying any product from Acro Imports Pty Ltd, you the buyer, agree to take full responsibility for the product you purchase in terms of the risk associated with buying and fitting an after market product that may not be suitable for all OEM applications.
YOUR PRIVACY
At Arco Imports Pty Ltd, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Arco Imports Pty Ltd respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Arco Imports Pty Ltd's secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Arco Imports Pty Ltd collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES
Arco Imports Pty Ltd does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Arco Imports Pty Ltd may be required, in certain circumstances, to disclose information in good faith and where Arco Imports Pty Ltd is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Arco Imports Pty Ltd, its customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating documents for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Arco Imports Pty Ltd. Arco Imports Pty Ltd expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Arco Imports Pty Ltd will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Arco Imports Pty Ltd reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that you may download from time to time on this website. Arco Imports Pty Ltd expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Arco Imports Pty Ltd concerning your use and access to Arco Imports Pty Ltd's website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and Arco Imports Pty Ltd that results in litigation then you must submit to the jurisdiction of the courts of NSW.