We are ilume Terms & conditions

If you live in Melbourne metro, we will aim to deliver your ilume™ to your home within 5 business days of purchase.

Delivery is included in the price.

Once you sign up to ilume™, your credit card/debit card will be automatically debited.

We just want you and your dog to be totally happy. If anything’s niggling you, just let us know and we’ll be glad to help.

If you’re still not totally happy in the first 30 days of receiving your ilume Starter Kit, you can cancel, send us back the ilume tech and get a full refund. No questions asked.

The Website is only intended for use by people residing in Australia. We do not accept orders from individuals outside Australia.

By placing an order through our site, you warrant that:

• you are legally capable of entering into binding contracts;
• you are at least 18 years old;
• you are resident in Australia; and
• you are accessing our site from that country.

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 10 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

1. The Products will be at your risk once it is delivered to your designated address.
2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

1. The price of the Products and our delivery charges will be as quoted on the Website from time to time, except in cases of obvious error.
2. Product prices include GST.
3. We may change Product prices and delivery charges at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. We will advise you of these changes in advance.
4. Payment for all Products must be by credit or debit card. We accept payment with Visa and Mastercard.

1. If you are unhappy with your product within the first 30 days of receiving your ilume™ Starter Kit, you can cancel, send back the ilume Tech (and once acknowledged as received by us), and receive a refund for your current order.
2. Post the first 30 days, if you are unhappy with your Product for a bona fide reason, and provided we have had an opportunity to help resolve the issue for you, you can cancel before your next order confirmation. If you cancel after your next order confirmation, you will still be billed for that order and your ilume Refill Kit will still be delivered to your home before cancellation.
3. We will offer an appropriate refund if it can be shown that the Product you were charged for was not in accordance with our Warranty (see below).

We warrant to you that any Product purchased from us through the Website will, on delivery:

• conform with its description;
• be of satisfactory quality; and
• be reasonably fit for all the purposes for which products of that kind are commonly supplied.

If we fail to comply with these terms and conditions, to the maximum extent permitted by law, we will only be liable to repay to you the purchase price of the Products from the most recent order.

Nothing in these terms and conditions excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the obligations implied by Competition and Consumer Act 2010 (Cth) or any other applicable legislation; or
• any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

If you have a dispute, you must notify us at [email protected] explaining the details of the dispute and giving us a reasonable chance to contact you and rectify the dispute in good faith.

All notices given by you to us must be given to Ilume at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any other manner permitted by applicable laws.

Notice will be deemed received and properly served:

• immediately when posted on the Website;
• 24 hours after an e-mail is sent; or
• three days after the date of posting of any letter.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

1. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
2. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

1. We are the owner or the licensee of all intellectual property rights in the Website, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
2. You may print off one copy, and may download extracts, of any pages from the Website for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from our licensors and us.
3. If you post comments on the Products to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly held opinions. By ordering the Products you irrevocably authorise us to quote from your Commentary on the Website and in any advertising or social media outlets which we may create or contribute to.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• strikes, lockouts or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above.

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them, to the maximum extent permitted by law.

To the maximum extent permitted by law, each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

The laws applicable in Victoria govern these terms and conditions and any Contract formed under these terms and conditions and any dispute in connection with any Contract.

The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from those courts.