Terms & Conditions
TERMS OF SERVICE
Emerald Planet Environmental Pty Ltd (Emerald Planet) owns and operates the website www.emeraldplanet.com.au. This
document governs your relationship with Emerald Planet. Access to and use of this website and the products and services
available through this website are subject to the following terms & conditions. By using the Emerald Planet website
(www.emeraldplanet.com.au), you agree to all of the Terms & Conditions stated on this document. You should check
this document regularly to take notice of any changes we may have made to the Terms & Conditions.
Emerald Planet will not be liable if for any reason if this website is unavailable at any time or for any period. From
time to time, we may restrict access to some parts or all of this website.
This website may contain links to other websites (the “Linked Sites”), which are not operated by Emerald Planet. Emerald
Planet has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may
within each such site.
Emerald Planet will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of this website or to your downloading of any material posted on it, or on any
website linked to it.
The intellectual property rights in all software and content (including photographic images) made available to you on or
through this website remains the property of Emerald Planet and are protected by copyright laws and treaties around the
world. All such rights are reserved by Emerald Planet. You may store, print and display the content supplied solely for
your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format,
any of the content or copies of the content supplied to you or which appears on this website nor may you use any such
content in connection with any business or commercial enterprise.
CONTRACT OF PURCHASE
By submitting to Emerald Planet a purchase via the website (‘Place Order’) or by any other means such as email, mail, in
person or via phone, the Customer has made an offer to purchase the goods on the Terms and Conditions set out in this
document, such offer being irrevocable for a period of twenty one (21) days, unless otherwise agreed by Emerald Planet.
Emerald Planet will be deemed to have accepted your offer by taking any of the following actions taken before the later
of twenty-one (21) days after receipt of your offer, or the date you revoke your offer:
- Sending you notice of acceptance of your offer;
- Dispatching some or all of the goods contained in your offer; or
- Sending you an invoice for the cost of the goods contained in your offer.
The Customer acknowledges and accepts that Emerald Planet at its discretion, reserves the right not to supply goods, for
any reason (including but not limited to, where the Goods are not or cease to be available, account disputes or
conditions placed on Emerald Planet‘s by its suppliers). Emerald Planet will not be liable to the Customer for any loss
or damage the Customer suffers due to Emerald Planet exercising its rights under this clause.
Where the Customer consists of more than one legal entity then each of those entities are jointly and severally liable
for all obligations under these Terms and Conditions, including the obligation to make any payments to Emerald Planet.
Submission of a purchase order by the Customer via email, mail, in person, via phone or the website is deemed as an
acceptance of these Terms and Conditions.
These Terms and Conditions are current for trading with Emerald Planet at the time of issue; however, they may vary from
time to time. The Terms and Conditions which will apply to the Customer’s order will be those in force on the date the
Customer’s order is received by Emerald Planet.
From time to time, Emerald Planet may run promotions which are subject to both these Terms & Conditions and any
additional Promotion Term & Conditions. Promotion Terms & Conditions may include conditions in respect of
selected products, order periods, purchase methods, minimum spend requirements, bundle discounts or partner promotions.
Promotion Terms and Conditions will always be available on the website. By proceeding to purchase, the Customer agrees
and accepts the Promotional Terms & Conditions of the applicable promotion(s).
ACCOUNTS AND ACCOUNT PAYMENTS
When a customer applies for an Emerald Planet online trade account, they are automatically applying for a credit
facility and entering into a credit agreement with Emerald Planet. The standard credit limit is two-thousand five
hundred dollars – $2,500 (unless otherwise agreed with Emerald Planet). Customer account payments are due 14-days from
the end of month in which the goods are purchased (unless otherwise agreed with Emerald Planet).
All goods are sold on a cash before delivery basis meaning that payment must be received by Emerald Planet prior to
dispatch of the goods unless otherwise agreed. Emerald Planet may at times require a deposit to be paid on acceptance of
a purchase order from the Customer.
If payment terms are extended, a credit limit will be set for each account at the discretion of Emerald Planet. In the
event that purchase orders will cause an account’s limit to be exceeded, Emerald Planet reserves the right to require
the Customer to pay in full up-front any amounts over the credit limit, including, without limitation, by requiring any
excess amounts to be paid prior to dispatch of the relevant goods.
Any accounts with balances not paid within the payment term due date shall have their account frozen until all monies
overdue are paid. Any invoice balances not paid within sixty (60) days outside of trading terms will incur interest
charges calculated on a daily basis of 2% per month (24% pa) calculated from the invoice due date until the date of
Emerald Planet will raise an order invoice once the delivery of your order has been booked with the courier and a
consignment number has been received.
If payment is past the due date, Emerald Planet may, at its discretion, withhold further deliveries, cancel a contract
or revoke the credit limit without prejudice to any of its existing rights.
Failure to pay an account by the due date shall be deemed a breach of these Terms and Conditions.
If the Customer owes Emerald Planet any money the Customer must indemnify Emerald Planet from and against all costs and
disbursements incurred by Emerald Planet in recovering the debt (including but not limited to internal administration
fees, legal costs on a solicitor and own client basis, Emerald Planet’s collection agency costs, and bank dishonour
PRICES & GST
Unless otherwise stated, all prices quoted by Emerald Planet and on the Emerald Planet website are net, exclusive of
GST. Emerald Planet reserves the right to change the prices of goods displayed via the website at any time.
Every effort is made to ensure accuracy of information; to the full extent permitted by law, and without limiting the
operation of the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act (Cth) 2010 (the
ACL) Emerald Planet takes no responsibility for any errors and/or omissions advertised and images and/or description of
the goods may differ from the actual goods; images are for illustration purposes only.
The Customer will bear all liability for GST and shall not require Emerald Planet to pay to the Customer any amount on
account of GST. In addition, Emerald Planet will be entitled to recover from the Customer any GST paid or payable by it
in respect to the provision of the goods.
RETENTION OF TITLE
Ownership, title and property of the goods remain with Emerald Planet until payment in full for the goods has been made.
Until the date of payment:
- The Customer has the right to sell the goods in the ordinary course of business, after the goods have been paid
- Until the goods have been sold by the Customer in the ordinary course of the Customer’s business, the Customer holds the goods as Bailee for Emerald Planet. If the Customer sells, disposes or parts with possession of the goods then the Customer must hold the proceeds (such proceeds to include any rights to receive or generate any carbon credit units or similar rights) of any such act on trust for Emerald Planet and must pay or deliver the proceeds to Emerald Planet on demand.
- The Customer should not convert or process the goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Emerald Planet must sell, dispose of or return the resulting product to Emerald Planet as it so directs.
- The Customer must not charge or grant an encumbrance over the goods nor grant nor otherwise give away any
interest in the goods while they remain the property of Emerald Planet.
- Emerald Planet may commence proceedings to recover the price of the goods sold notwithstanding that ownership of the goods has not passed to the Customer.
The Customer is deemed to be in default immediately upon the happening of any of the following events:
- If payment to Emerald Planet for the goods is not made promptly before the due date for payment.
- If the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or
unable to pay its debts as they fall due or if any cheque drawn by the Customer payable to Emerald Planet is
- If the Customer as a company is wound up or is placed in administration, or a receiver or manager is appointed.
- If the Customer is an individual the Customer becomes insolvent or bankrupt.
In the event of a default by the Customer, then without prejudice to any other rights which Emerald Planet may have at
law or under this Contract, Emerald Planet or its agents have the right to:
- recover the goods at its option and the Customer is obliged to deliver up the goods if so directed by Emerald Planet or its agents, in accordance with the enforcement procedures outlined in Chapter 4 of the Personal Property Securities Act 2009 (Cth) or any applicable legislation from time to time; and
- suspend or terminate the supply of goods to the Customer; and Emerald Planet will not be liable to the Customer for any loss or damage the Customer suffers because Emerald Planet has exercised its rights under this clause.
PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)
In this clause financing statement, financing change statement, security agreement, and security interest has the
meaning given to it by the PPSA.
Upon assenting to these Terms and Conditions in writing the Customer acknowledges and agrees that these Terms and
Conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all goods
that have previously been supplied and that will be supplied in the future by Emerald Planet to the Customer, as well as
in the proceeds relating to the sale by the Customer of such goods (including, without limitation, the rights to receive
or generate any carbon credit units or similar rights as a result of the supply by the Customer of the goods).
The Customer undertakes to:
- promptly sign any further documents and/or provide any further information (such information to be complete,
and up-to-date in all respects) which Company may reasonably require to; a) register a financing statement or
change statement in relation to a security interest on the Personal Property Securities Register; b) register
document required to be registered by the PPSA; or c) correct any defect identified in above financing
- indemnify, and upon demand reimburse, Emerald Planet for all expenses incurred in registering a financing
financing change statement on the Personal Property Securities Register established by the PPSA or releasing any
charged thereby; a) not register a financing change statement in respect of a security interest without the
written consent of Emerald Planet; b) not register, or permit to be registered, a financing statement or a
change statement in relation to the Goods in favour of a third party without the prior written consent of
Planet; and c) immediately advise Emerald Planet of any material change in its business practices of selling the
which would result in a change in the nature of proceeds derived from such sales.
Emerald Planet and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement
created by these Terms and Conditions.
The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the
The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
Unless otherwise agreed to in writing by Emerald Planet, the Customer waives their right to receive a verification
statement in accordance with section 157 of the PPSA.
Subject to any express provisions to the contrary, nothing in these Terms and Conditions is intended to have the effect
of contracting out of any of the provisions the PPSA.
RELATIONSHIP OF THE PARTIES
The Customer will not be an agent of Emerald Planet in any sale of the goods by the Customer.
Risk of damage to or loss of the goods passes to the Customer on Delivery and the Customer must insure the goods on or
If any of the goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Emerald
Planet is entitled to receive all insurance proceeds payable for the goods. The production of these Terms and Conditions
by Emerald Planet is sufficient evidence of Emerald Planet’s rights to receive the insurance proceeds without the need
for any person dealing with Emerald Planet to make further enquiries.
If the Customer requests Emerald Planet to leave goods outside Emerald Planet’s premises for collection or to deliver
the goods to an unattended location, then such goods must be left at the Customer’s sole risk.
Delivery of the Goods is taken to occur at the time that: a) the Customer or the Customer’s nominated carrier takes
possession of the goods at Emerald Planet‘s address; or one of it’s nominated third-party warehouses b) Emerald Planet
(or Emerald Planet‘s nominated carrier) delivers the goods to the Customer’s nominated address even if the Customer is
not present at the address.
All orders will incur a minimum $25 delivery cost (unless otherwise stated). This will automatically be applied at
checkout on the website and/or reflected in the invoice. On occasions, a delivery charge may exceed $25. Emerald Planet
will contact the Customer if the delivery charges exceeds $25.
There are a small number of remote Australian locations that Emerald Planet are unable to deliver to. If a Customer
places an order for delivery to an unserviceable location, Emerald Planet will contact the Customer and refund the full
Emerald Planet is unable to deliver to PO Box or Locker addresses.
Orders placed before 10AM (AEST) are eligible for same day delivery to the following metro areas: Sydney, Melbourne, Brisbane, the Gold Coast and Adelaide.
Orders place before 12PM (AEST) are eligible for same day dispatch to the following metro areas: Sydney, Melbourne, Brisbane, the Gold Coast and Adelaide.
The Customer must take delivery by receipt or collection of the goods whenever they are tendered for delivery. In the
event that the Customer is unable to take delivery of the goods as arranged then Emerald Planet will pass on any
additional courier charges that may apply based on new delivery arrangements and storage costs.
When you give Emerald Planet an ‘authority to leave’, Customers are allowing Emerald Planet to leave the order at the
selected delivery address without a signature requirement. The Customer can confirm an ‘authority to leave’ by ticking a
box at the checkout page on the website or in writing to our customer support team. Emerald Planet, and contractors
associated with the delivery, do not accept responsibility for any loss or damage which results from an ‘authority to
leave’ delivery method. Customers release Emerald Planet from and against any and all claims, demands, liabilities,
losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any
other person or entity as a result of an ‘authority to leave’ request.
Emerald Planet may deliver the goods in separate instalments. Each separate instalment must be paid in accordance with
the provisions in these Terms and Conditions.
Any delivery time or date given by Emerald Planet to the Customer is an estimate only. The Customer must still accept
delivery of the goods even if late and Emerald Planet will not be liable for any loss or damage incurred by the Customer
as a result of the delivery being late.
The failure of Emerald Planet to deliver must not entitle either party to treat this Contract as repudiated.
Backorders will be shipped as soon as they are available.
CANCELLATION OF ORDERS
Attempts to cancel or delay delivery of purchase orders by more than one month, whether by the Customer’s request or due
to non-delivery by Emerald Planet because the Customer’s account is overdue, will lead to the Customer’s account status
being reviewed. This may lead to the Customer’s account being closed or amended terms being applied to future orders.
Emerald Planet reserves the right to require full payment for any cancellation or postponement of the Customers purchase
The Customer will not be entitled to cancel the whole or part of the order or to claim compensation by reason of Emerald
Planet’s failure to comply with the delivery requirements or minor variations to the goods as a result of changes to the
manufacturing process or specifications of the goods, so long as the overall functionality of the goods is no less than
those ordered by the Customer.
Subject to the requirements of any law, all claims for defective or short delivered goods must be made within ten (10)
days of delivery of goods. A failure to make a claim within the above time constitutes acceptance in full of any
To the extent permitted by law, Emerald Planet’s liability for a breach of a condition or warranty implied by the
Competition and Consumer Act 2010 is limited to either the replacement or repair of the goods supplied or the payment of
the cost of replacing the goods or the provision of equivalent goods or the payment of the cost of having the goods
Notwithstanding anything else in these Terms and Conditions, but subject to any applicable law, Emerald Planet will not
be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- the Customer failing to properly maintain or store any goods;
- the Customer using the goods for any purpose other than that for which they were designed;
- the Customer continuing the use of any goods after any defect became apparent or should have become apparent to
reasonably prudent operator or user;
- the Customer failing to follow any instructions or guidelines provided by Emerald Planet; or
- fair wear and tear, any accident, or act of God.
Emerald Planet will accept returned goods which are not faulty and provide an account credit or credit-note, when items
are returned within ten (10) days from the date the goods were received by the Customer.
The Customer is fully responsible for the cost of an item’s return, unless there was an error on Emerald Planet’s
All returned goods that are not faulty must be unopened and in their original shipped condition, this includes all
Non-faulty goods returned after ten (10) days will not qualify for an account credit or credit-note.
Goods which appear to be worn, used, damaged after delivery, or altered in any way will not be eligible for an account
credit or credit-note.
Emerald Planet offers a warranty on all our lighting products and solutions (goods) purchased from us, from the date of
purchase providing long-term protection against product failure or faults, to you, the Customer. The warranty is
provided by Emerald Planet to the Customer and corresponds with the Emerald Planet Product Warranty Certificate for the
goods purchased by the Customer.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement, account credit or credit-note for a major failure and compensation for any other reasonably foreseeable
loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure.
We will not under any circumstances be liable for consequential, incidental, special or exemplary damages, including but
not limited to, loss of profits or revenues, loss of use of the goods or any other goods or associated equipment or
damage to any associated equipment, cost of capital, cost of substitute products, facility of services, down time cost
or claims made by you or your Customers, arising out of or from a result of a breach of contract, warranty, use of our
goods or services or otherwise. Our liability arising from any claim of any kind for any loss or damage incurred by you,
arising out of, resulting from or concerning any aspect of this warranty or from the goods or services provided to you
in relation to the goods will not exceed the price of the specific good which gives rise to the claim.
Emerald Planet’s warranty covers:
- The term of your warranty is set out in the applicable Warranty Certificate and will commence from the date of
purchase of the goods to the expiry of the warranty period outlined in the corresponding Warranty Certificate
(Warranty Period) for the goods. Please refer to your product Warranty Certificate for further details.
- Under this warranty, we will repair, or replace at our discretion, any defective parts of goods or goods
from us in compliance with this warranty. If we cannot repair the goods under warranty, we will replace the
with another that is its nearest equivalent (when it was new), taking into account features, quality and
specifications of the original as well as availability of the technology.
- The decision to repair or replace is always at our discretion.
- If Emerald Planet is unable to provide a replacement product, a credit will be provided to the value of the
product cost at the time of purchase.
Emerald Planet’s warranty conditions
- You must have the goods installed, where applicable, by a licensed electrician.
- > The goods have been properly handled, installed, maintained and operated in accordance with our or other
manufacturer’s instructions, in normal environmental conditions.
- The goods have not been subject to accident, neglect, abuse, abnormal use or stress (such as operating the
in environments in excess of recommended temperatures, excessive switching cycles and operating hours), misuse
acts of god, improper installation, storage, fire, vandalism or civil disturbances.
- You are required to provide us or our agents, at our request, easy access to the goods requiring repair or
replacement and the fixtures used to operate them.
- The goods have been purchased directly from us or a reseller authorised by us.
- The warranty only applies to you if you are the original purchaser of goods from us, and have retained a copy
the purchase receipt or proof of purchase as determined by us at our sole discretion.
- If we choose to replace the goods and are not able to do so because the goods have been discontinued or are not
available, we may replace it with a comparable product.
- We reserve the right to change the warranty without prior notice and without incurring obligation, and
disclaim all warranties not stated in this warranty.
This warranty does not protect or cover against the following;
- Costs associated with freight, transportation or delivery of the goods, unless authorised by us at our
- Service call fees for goods where we have not authorised a service agent.
- Service call fees where the fault is not covered under warranty or where fault in the goods are found.
- Costs associated with or any claims arising from the installation, dismantling, or re-installation of the
- Costs associated with any damage that occurs during transportation, installation, dismantling or
of the goods.
- Cosmetic or physical damage to the goods.
- Accidental or malicious damage, misuse, negligence or faults caused by a failure to provide routine maintenance
- Faults that have resulted from wear and tear, including rusting, corrosion or mould to the goods.
- Any fault that would not have been covered by the original manufacturer’s warranty.
- Repairs that have been organised without following the claims procedure listed in this document.
- Repairs carried out by repair agents that are not authorised by us.
- Any single claim amount which exceeds the original purchase price of the goods.
To make a warranty claim, please follow our simple claims process by contacting the Emerald Planet customer support team
on 1300 511 148 during business hours. Please have your Emerald Planet order number and/or Warranty Certificate ready.
You can also send through a claim request via email by attaching proof of purchase to [email protected]
The failure by Emerald Planet to enforce any provision of these Terms and Conditions must not be treated as a waiver of
that provision, nor must it affect Emerald Planet’s right to subsequently enforce that provision. If any provision of
these Terms and Conditions must be invalid, void, illegal or unenforceable the validity, existence, legality and
enforceability of the remaining provisions must not be affected, prejudiced or impaired.
The Customer must not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to
the Customer by Emerald Planet nor to withhold payment of any invoice because part of that invoice is in dispute.
Emerald Planet may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
Neither party must be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action,
fire, flood, storm or other event beyond the reasonable control of either party.
The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations
to allow it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.
These Terms and Conditions (which may only be waived or varied in writing by Emerald Planet) shall prevail over all
conditions of the Customer’s purchase order or acceptance form, in or to the extent of any inconsistency. All good are
provided subject to these Terms and Conditions. Throughout this document “Customer” means the purchaser of the goods
specified in the Customer’s purchase order form/Emerald Planet’s acceptance form or any other written document between
The contract for provision of the goods is made in New South Wales, Australia and the parties submit all disputes
arising between them to the Courts of New South Wales, Australia.
Emerald Planet Environmental Pty Ltd (Emerald Planet) is dedicated to keeping your details private. Any information we
collect in relation to you is kept strictly secured. We take the greatest care when collecting, storing and using your
personal data in order to justify your confidence in ordering with us.
WHY WE COLLECT DATA
We use this data to manage and process your orders, provide you with up-to-date product, industry and company
to login to your trade account, maintain a shopping cart and to purchase items in your shopping cart. Cookies also allow
us to give you a more personalised shopping experience by displaying products that interest you throughout our product
pages, thus providing you with a more friendly, interesting and enjoyable shopping experience. Cookies sent to your
computer from Emerald Planet only last while you’re browsing on our website. We do not store persistent cookies on your
HOW WE COLLECT YOUR DATA
We collect data from you when:
- You register for a trade account on the website;
- You use any of our related services, such as subscribing to our email communications;
- You browse our products and services or otherwise interact with our website;
- You accept our cookies and other tracking technologies on your device;
- You interact with our customer support team or other representatives, for example, via emails, telephone calls, letters,
or face-to-face meetings;
- You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our
Social Media platforms;
- Our third-party analytics and other service providers, business or commercial partners provide your data to us, which
was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or
You voluntarily submit your data to us for any reason.
The security of your information is important to us. When you enter sensitive information (such as credit card numbers)
on our website, we encrypt that information using secure socket layer technology (SSL). Your credit card details are
THE TYPES OF DATA WE COLLECT
When you open an Emerald Planet trade account, we may collect data from you. Examples of the types of data we may
collect includes your name, contact details, mailing and delivery addresses, email address, your shopping or browsing
behaviours and any other personally identifiable information that you have provided to us. Data may also include network
and device data such as IP address and device or advertising identifiers and information we obtain using cookies or
other tracking technologies.
SHARING YOUR DATA
We may pass your data to:
- The Emerald Planet customer support team. Their access is subject to strict controls and procedures;
- Payment processors, who process your payment on the website;
- Logistics providers, such as courier companies, which will deliver your order to you; or
- Service providers and other related entities who provide services to us, such as marketing optimisation, information
technology, telecommunications, customer analysis or tracking, security or other relevant services which requires that
entity’s collection, use or disclosure of your data.
You acknowledge and agree that, should we sell, merge or otherwise change control of our business, our company or the
website to a third-party we shall be permitted to disclose the data and other information that we have collected from
you to the third-party, without giving notice or seeking prior consent from you.
We reserve the right to disclose your data, as required by law, when we believe that disclosure is necessary to protect
our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
If you would like to access or update any of your data, please click here to email us or call 1300 511 148.
COMMUNICATING WITH YOU
When you provide us with your email address or mobile phone number, you may opt in to electronic communications in
respect of news, promotions, left in cart reminders and updates on the status of your orders, invoices or returns. Your
consent to the receipt of certain communications may be implied from the use of certain functional aspects of our
service. If you would like to update your communication preferences, please click here to email us or call 1300 511 148.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material
changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.