Terms & Conditions

 

Terms & Conditions of Sale

The name that will appear on your statement will be Party Lights Company.

By purchasing products from Partylights.co.nz, (legal name is  GLOTS Limited) (“Partylights”, “we”, “us”, “our”) or using this website, the purchaser (the “Customer”, “you”, “your”), agrees to the following terms and conditions of sale (the “Terms”).  Consumer Protection and other legislation: Where the provisions of the Consumer Guarantees Act 1993 or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.


Business Customers: To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply.

Refunds: Partylights will comply with its obligations under the Consumer Guarantees Act or any other applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.


Addressing: If a product is found to be mis-addressed by Partylights then Partylights shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Partylights will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.

Incorrect Bank Account Number: Partylights gives the customer the choice to pay for products through bank transfer. If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by Partylights, then Partylights will not accept any responsibility for correcting payment and goods will not be dispatched by Partylights until Partylights has received payment in full.

Prices, Payment and Title: Partylights’s available payment methods will be presented at the time of purchase. Partylights retains title in the products purchased until Partylights receives payment in full.


Pricing errors: Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.


Security: Partylights uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Partylights will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).


Special Offers: Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.


Mailing Cash: Partylights does not recommend that cash be mailed for payment of products. If the Customer does mail cash, Partylights accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.

Cancelling Orders: Partylights reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Partylights believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).

GST: For New Zealand delivery addresses, all prices are New Zealand GST inclusive unless otherwise stated. If your order ships to a delivery address outside New Zealand, no New Zealand GST will be charged.

Customs & Duties: For any orders shipped outside of New Zealand the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Partylights control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.

Site Access: Partylights hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Partylights, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.

Copyright & Trademarks: You agree that the content you access, view or download on this site and the software used to create it, remains the property of Partylights Limited or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.

Stock Availability: In order to provide the greatest range of products, you understand that Partylights does not stock all products listed on this site in a single warehouse. All items sold via the Partylights website are subject to availability and Partylights reserves the right not to accept or cancel any order for products that are out of stock. Product availability information is provided by a number of third party suppliers. Partylights works with these third-parties to ensure this information is as accurate as possible however some errors and omissions are expected. Goods delivered may differ to the product images presented on this site.

Cash Rewards: Cash Rewards can only be used as discounts on future orders and cannot be converted into a cash payment from Partylights to the Customer or be used to purchase gift vouchers.

Gift Voucher Expiry: Gift vouchers are valid for one year from the time they are issued, after which the voucher expires. Any credit remaining after the expiry of the gift voucher is non-refundable.

Delivery Estimates: Partylights makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Partylights liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.

Communications: By creating an account with Partylights you consent to receiving electronic communications from Partylights. These communications will include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please see our Privacy Policy.

Notice of Copyright Infringement: Partylights respects the copyrights of others. If you feel that data is used in Partylights’s product catalogue in a manner that constitutes an infringement of your copyright under applicable copyright legislation , please write to us at:
8E Donnor Place
Mt Wellington
Auckland

Please include the following details:
Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL);
A statement that the complaining party believes that infringement of the complaining party’s copyright has occurred and the reasons for such belief;
A statement that you are the copyright holder or authorised to act on their behalf; and
Contact details including an email address where the complaining party may be contacted.

Linked Sites: This site may contain links to other websites operated by third parties. Partylights is not liable for those sites or any content or information such sites contain.

Disclaimer
Partylights would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. The information on this website is provided “as is” and for general information only. Partylights has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Partylights does not guarantee that the website will always operate or be error free. Accordingly, to the maximum extent permitted by law, Partylights does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.

 

Warranty

LIGHTING PRODUCTS THAT ARE NOT SUPPLIED WITH A PLUG AND LEAD NEED TO BE INSTALLED BY A LICENSED ELECTRICIAN.  FAILURE TO COMPLY WITH THIS WILL VOID THE WARRANTY OF THAT ITEM.  PROOF OF INSTALLATION WILL BE REQUIRED TO APPLY THE WARRANTY.

With the exception of globes our products are covered under warranty.  The extent of that warranty is normally 6 months (3 months for Solar Lights)

In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the warranty period, if stated, or otherwise within 6 months (3 months for Solar Lights) of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged.

At the termination of the appropriate period all liability on the seller’s part ceases.

The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

 

Liability and Maintenance Warranty Terms:

To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

 

Privacy Policy

Your privacy on the Internet is important to us. This privacy policy discloses what information we gather, how we use it, and how to correct or change it.

Information
We gather various information about customers and users of our website. This information includes:

  • personal information through your voluntary use of the Website and the purchase process (such as your first and last names and email);
  • personal information, provided to us by you through any other method (including without limitation correspondence and discussions);
  • information collected by us through click tracking in relation to your use of the Website, including the content you upload and the content you access; and
  • aggregated data, which tracks traffic to the Website; and cookies, which are pieces of information transferred to your computer hard drive for record keeping (such as your preferences on our Website).

Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Use of your information
We will never sell or rent your personal information to third parties.

We will use information we collect from you for the primary purpose for which it is collected and for such other secondary purposes that are related to the primary purpose of collection. We generally use personal information to complete delivery of our Documents to you, help us manage and enhance our services and to communicate with you.

Email Newsletters and other notices
It is our policy to send emails throughout the purchasing process and other Newsletter emails you elect to receive. In addition, we may send out promotional material to you promoting new or amended material on our site where we think that may be relevant to you. It is our policy to immediately remove any person from any mailing list upon the person’s request.

Credit Card /payment details
Payment for our documents is done via PayPal, which may ask you to provide further information (including credit or debit card details). This information is retained by PayPal and will not be passed on to us. We advise you to read the Terms and Condition and Privacy Policy on the PayPal site for further information on what information will be required and the way PayPal will use it.

Cookies
Cookies are small pieces of information that are stored in a browser-related file on your computer’s hard drive when you use our Web site. Cookies are widely used on most major Web sites. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. A cookie in no way gives us access to your computer or any information about you other than the data you choose to share with us.
We may use information contained in cookies to make assumptions about the user of the computer and to provide users of that computer with focused advertising that we believe may be of interest, based on that information.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our website.

Other information we collect
We collect and use additional information to carry out internal research on our users’ demographics, interests, and behaviour to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address.

If you post on our site, on twitter or Facebook or other social media site about us or your experience with us, we may collect that information for the purposes of improving our service and the end user experience.

Access and removal of Information
You have the right to seek access the personal information held about you and to advise us of any inaccuracy. There are some exceptions to this right set out in the Privacy Act. If you make an access request, we will ask you to verify your identity and specify what information you require. We may charge a fee to cover the costs of meeting your request.

Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Updates to our information practices
We reserve the right to change this policy. By continuing to use the Website, you agree to be bound by the amended policy. You should check from time to time to see if the policy has changed.

 

Returns and Exchanges

Faulty Returns

If the products you have purchased from us are faulty, wrongly described or different from a sample shown, then we will meet our legal obligations in the country in which the products were purchased.

Change of Mind Returns

If you change your mind about the products you have purchased from us online or at the warehouse, we will exchange those products at the warehouse or via courier, subject to the following conditions:

  1. Products purchased online or from the warehouse can be returned at any time by the customer with proof of purchase;
  2. Items must be in original sale condition (unworn, unwashed, or otherwise unused with original tags/labels attached);
  3. You may be asked to provide personal details for exchanges. These details will be used for the purpose of processing the return; and
  4. Items purchased online can be returned at the warehouse with proof of purchase. In the case of online purchases, refunds will not include the cost of shipping, except as provided below.

Shipping costs may be refunded on faulty items only if the entire order is being returned and the customer provides proof of the shipping amount.

Returns Process (In-Store)

  1. Take your item(s) to our warehouse or return by couirer prior to send us an email to [email protected]
  2. Provide the staff at the warehouse of your unwanted item, proof of purchase.
  3. Once the returns policy has been met, we’ll offer an exchange or refund on the spot.

Exchanges 

Exchanges for the same item in a different size will not incur any additional charges. If the new item is a different product (including a different colour) and there is a price difference you may need to pay the difference or receive a partial refund.

Refunds

If you request a refund, the purchase price (excluding delivery charges for online orders) will be refunded to your credit card or your bank account.

Returns Process (Online)

If your purchase was made online you may choose to return to our warehouse. Please contact us on 022-0543211 or by email [email protected]

  1. Address your return to 8E Donnor Place, Mt Wellington, Auckland
  2. Once received, we’ll process the refund and notify you via email. Your refund will be credited back to you in the next 1-5 days, depending on the payment method used to place your order.

If the item returned does not meet our Returns and Exchange Policy above your order will be sent back to you.

 

Terms & Conditions for Hiring

TERMS AND CONDITIONS OF PARTY LIGHTS COMPANY (“Owner”)

1. CONDITIONS 
The Conditions of Hire set out below shall apply to all contracts for
the hire of goods (“equipment”) between the Owner and the person
hiring the equipment (“Hirer”) and shall not be deemed or construed
to be modified, amended, waived, in whole or in part, except by written
agreement by the parties hereto.

2. CHARGES
2.1
 Equipment may be hired for:
1. Daily (24 hours), 2. Function (weekend or equivalent), 3. Extended
Function (5 days), 4. Week (7 days), 5. Month (30 days).
PROVIDED THAT the Hirer acknowledges and agrees that the Owner
may charge extra on an hourly or daily basis for any equipment usage
in excess of the minimum usage time.
2.2 Minimum period means Daily or Function.
2.3 The hire period begins from the time the equipment leaves the Owner’s
premises until the equipment is returned.
2.4 The Hirer shall pay as invoiced for the hire period, materials used,
delivery/removal costs, excess use charges, damage to or loss of the
equipment, cleaning costs (if any), default interest for late payment: all
charges plus G.S.T. unless otherwise indicated.


3. PAYMENT AND DEFAULT INTEREST 

3.1 The Hirer shall make full payment when pick up the lights or before lights to be sent out. The Hirer will provide a credit card details as security as we don’t charge deposit.
3.2 On return of the lights, will check their working condition or damage.
3.3 No credit shall be extended on overdue accounts.
3.4 Failure to return lights on time will result in late charge fee for the equivalent hiring cost per day for every day. Maximum cost would be as much as buying the hiring lights. If hirer can not be conacted after hiring lights, their credit card would be charged the difference amount of buying the lights to hiring cost. If credit card information is invalid, debt recovery actions will be taken and the associated fees will be added to the final amount owing.


4. DELIVERY AND REMOVAL
4.1
 Delivery and removal charges are extra.
4.2 The Hirer hereby authorises the Owner to bring the Owner’s vehicle
onto the place where the equipment is to be used and to deliver and
remove the equipment. The Hirer indemnifies the Owner against any
cost, claim, damage, expense incurred or action commenced against
the Owner directly or indirectly arising from the Owner delivering or
removing the equipment.
4.3 Requests for removal must arranged before hiring the lights.


5. OWNER’S RIGHT TO CANCEL
5.1
 If the owner believes the equipment is at risk or that the Hirer is unable
or might be unable to pay any hire charge the Owner may take whatever
action the Owner considers necessary to retake possession of the
equipment. Accordingly, the Hirer grants the Owner an irrevocable right
and authority to enter at any time onto any place where the equipment
is situated or thought to be situated and to remove equipment.
5.2 The Hirer shall indemnify and continue to indemnify the Owner in
respect of any claim, action, damage, expense or cost (including full
solicitor/client costs) incurred or threatened as a result of the Owner
exercising the powers of this clause or otherwise acting to recover
any equipment hired or moneys payable by the Hirer pursuant to this
contract.


6. NO ASSIGNMENT
6.1
 This contract is personal to the Hirer and is not capable of assignment
whether in whole or in part by the Hirer.


7. HIRER’S OBLIGATIONS
7.1 The Hirer shall:
7.1.1. take proper and reasonable care of the equipment and return it
in good order and condition; and
7.1.2. carry out all necessary servicing, (including by way of example
the supply of all necessary oils, grease and fuel) at the HIRER’S
OWN EXPENSE; and
7.1.3. satisfy themselves that the equipment is suitable for their
intended use; and
7.1.4. use the equipment in a lawful manner with due regard to all laws
and regulations pertaining to the use of such equipment; and
7.1.5. immediately notify the Owner by telephone if the equipment
breaks down; and
7.1.6 reimburse the Owner for any damage to or loss of or forfeiture of
the equipment howsoever arising including (by way of example
and not limitation) any loss or damage caused by overloading
of electric tools and motors, incorrect electric current, lack of
lubrication, blow outs and cuts to tyres, disappearance or theft
of equipment, fire, damage in transit, negligence, misuse; and
7.1.7. not bring or threaten to bring any claim against the Owner for
loss or damage incurred or threatened against the Hirer or
arising directly or indirectly from the Hirer’s use of the equipment;
and
7.1.8. indemnify the Owner against any claim made by any person
against the Owner for any damage, expense, claim, demand,
action or loss arising directly or indirectly out of the Hirer’s use or
possession of the equipment and whether or not such expense,
loss, damage, claim, demand or action was due directly or
indirectly to the negligence of the Owner.
7.2 The Hirer warrants that all persons who use the equipment shall
be competent and qualified to use the equipment and shall use the
equipment in the manner it was designed to be used.
7.3 If the Hirer is not an individual, the person who signs this contract on
behalf of the Hirer warrants that s/he has authority to bind the Hirer
and will, in any event, be personally liable for the performance of the
obligations of the Hirer.


8. OWNER’S RESPONSIBILITIES
8.1
 The Owner warrants that to the best of its knowledge and belief the
equipment, should perform to the manufacturer’s specifications after
due allowance for the age of the equipment in question. This warranty
is to the exclusion of all other warranties express or implied statutory or
otherwise.


9. LIMITATION OF LIABILITY
9.1
 The Hirer acknowledges that in no circumstances whatsoever shall the
Owner be liable for direct or consequential damage, loss or expense
whatsoever and howsoever arising, (whether in contract or in tort
(including that resulting from the negligence of the Owner) or arising
by operation of law) and whether suffered by the Hirer and/or any third
party for any amount that exceeds the amount actually paid by the Hirer
to the Owner pursuant to this contract.


10. GENERAL
10.1
 Headings are inserted for convenience and shall not affect the
construction of this contract. The singular includes the plural and vice
versa. Persons includes incorporated and unincorporated entities.
Words importing one gender include the other. A reference to a
clause or sub clause is a reference to a clause or sub clause hereof.
A reference to Owner includes its servants and agents.
10.2 If at any time any provision of this contract is or becomes illegal, invalid
or unenforceable in any respect under the law of New Zealand, neither
the legal validity nor enforceability of the remaining provisions hereof
shall in any way be affected or impaired thereby to the intent that this
contract should be construed as if the provision or part thereof in
question has been deleted.