Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between Opulent Automotive Pty Ltd (ABN 32 678 815 668), trading as Opulent Lighting ("we", "us", "our") and you ("you", "Customer"). By requesting a quote, making a booking, placing an order, paying an invoice, dropping your vehicle off at our workshop, or otherwise engaging us, you agree to be bound by these Terms.

1. Definitions

• "Products" means goods supplied by us, including automotive lighting, dashcams, GPS trackers, ambient lighting and related parts and accessories.
• "Services" means the installation, configuration, upgrade, repair and related services we provide, including any consultation or quoting work.
• "Vehicle" means the motor vehicle you bring to or otherwise make available to us for Services.
• "Workshop" means our premises at 23 Jutland Way, Epping VIC 3076, Australia.
• "Communications" means emails, SMS, WhatsApp messages, phone calls, voice messages and other electronic or telephonic communications.
• "Fees" means the price payable for Products and Services as quoted, invoiced or otherwise agreed.
• "Business Day" means a day other than a Saturday, Sunday or public holiday in Victoria.

2. Eligibility

To engage us, you must be at least 18 years old, have legal capacity to enter into a contract, and (where Services involve a Vehicle) either own the Vehicle or have the owner's express authority to authorise work on it. By placing an order or booking work, you warrant that you have that authority.

These Terms apply to both consumer and business customers. Where you are acquiring Products or Services for the purposes of a business (i.e. not as a "consumer" within the meaning of the Australian Consumer Law), some consumer guarantees may not apply, and additional terms may be agreed in writing.

3. Acceptance and Variation

You accept these Terms by:

• ticking a box, signing a work order, or clicking an "I agree" button confirming acceptance;
• submitting a quote form on our website or placing an order;
• paying an invoice;
• dropping your Vehicle off at the Workshop for Services; or
• otherwise commencing engagement with us.

We may update these Terms from time to time. The current version will be available at https://opulentlighting.com.au. Material changes will not retrospectively affect work or orders already in progress.

4. Quotes, Orders and Pricing

• Quotes are valid for 30 days from the date issued, unless stated otherwise, and are based on the information you provide.
• Quotes for installation work assume standard installation conditions. If, on inspection, the Vehicle requires additional work (for example, due to existing aftermarket wiring, hidden damage, non-standard fittings, or unforeseen complexity), we will inform you and obtain your approval before proceeding with any additional work or charges.
• An order for Products is an offer to purchase, which we may accept or decline at our discretion. A contract is formed when we confirm acceptance (by email, SMS, WhatsApp or written acknowledgement).
• All prices are in Australian Dollars (AUD) and (unless stated otherwise) inclusive of GST where applicable.
• We make reasonable efforts to ensure pricing on our website is accurate. If a pricing error is identified before an order is fulfilled, we will contact you to confirm whether you wish to proceed at the correct price or cancel the order for a full refund.

5. Communications Consent (Important)

By accepting these Terms and providing your contact details, you expressly consent to us contacting you by:

• Email at the address you provide;
• SMS / Text message to the mobile number you provide;
• WhatsApp to the number you provide;
• Telephone calls (including voice messages) to the number you provide.

You consent to receive both:

• (a) Service Communications: quote follow-ups, booking and order confirmations, reminders, in-progress updates, "ready for pickup" or dispatch notifications, invoices, warranty notices, and other transactional messages necessary to deliver the Products and Services; and
• (b) Marketing Communications: offers, promotions, new product announcements, seasonal deals, newsletters and other commercial messages from us.

5.1 Frequency

The frequency of Communications will vary based on our business activity. Service Communications will be sent as needed. Marketing Communications may be sent from time to time.

5.2 Message and Data Rates

Standard message and data rates may apply through your mobile carrier or internet provider. We are not responsible for any charges your carrier may impose.

5.3 Opting Out

You may withdraw consent for Marketing Communications at any time:

• Email: click the "unsubscribe" link at the bottom of any marketing email
• SMS: reply "STOP" to any marketing SMS
• WhatsApp: reply "STOP" or contact us directly
• Phone: tell us during a call, contact us directly, or register on the Do Not Call Register at www.donotcall.gov.au

Withdrawing consent for Marketing Communications does not affect Service Communications, which are necessary for us to deliver the Products and Services you have engaged us to provide.

5.4 Compliance

All Communications we send comply with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and the Privacy Act 1988 (Cth).

6. Payment

• Payment is due on or before completion of the Services, or before Products are dispatched or released, unless otherwise agreed in writing.
• We accept EFTPOS, credit and debit cards (Visa, Mastercard, American Express), bank transfer, PayID, Apple Pay and Google Pay. Card payments are processed via secure third-party payment gateways.
• Late payments may incur reasonable recovery costs and interest at the rate prescribed under the Penalty Interest Rates 1983 (Vic), calculated from the due date until paid in full.
• Until full payment is received, title in any Product supplied does not pass to you and we may, to the extent permitted by law, retain or recover the Product. Risk in the Product passes to you on delivery or collection.

7. Your Vehicle at Our Workshop (Bailment)

When you leave your Vehicle with us for Services, the following applies:

7.1 Care of Vehicle

We will take reasonable care of your Vehicle while it is in our custody. We store each Vehicle securely at the Workshop or an immediately adjacent area we control.

7.2 Personal Belongings

You are responsible for removing valuables and personal belongings from your Vehicle before drop-off. We are not liable for loss of, or damage to, personal items left in the Vehicle.

7.3 Test Drives

You authorise us to test-drive your Vehicle as reasonably required to diagnose, install, verify or commission the work. The Vehicle must be roadworthy, registered and insured at the time you deliver it to us. If it is not, you must tell us in advance.

7.4 Collection of Vehicle

You agree to collect your Vehicle promptly after being notified it is ready. We will contact you using the details you have provided to arrange collection.

7.5 Lien Over Vehicle

To the extent permitted by law (including the Australian Consumer Law), we have a lien over your Vehicle for any unpaid Fees or other amounts you owe us in respect of work performed on the Vehicle. We may retain possession of the Vehicle until those amounts are paid in full. If amounts remain unpaid for more than 90 days after written notice, we may exercise any further rights available to us under law.

7.6 Insurance

You are responsible for maintaining comprehensive motor vehicle insurance covering your Vehicle. We maintain our own business and public liability insurance covering work performed at the Workshop.

8. Installation Work — Important Disclosures

8.1 Roadworthiness, Modifications and ADRs

It is your responsibility to ensure that any modification, accessory or installation you request complies with all applicable laws, including:

• the Road Safety Act 1986 (Vic) and the Road Safety (Vehicles) Regulations 2021 (Vic);
• the Australian Design Rules (ADRs) and Vehicle Standards Bulletins;
• VicRoads requirements for vehicle standards and roadworthiness;
• the conditions of your motor vehicle insurance policy.

We will tell you if, in our reasonable opinion, work you request is unlawful or likely to render your Vehicle non-roadworthy, and we may decline to perform such work. However, we do not warrant or guarantee that any installation will satisfy VicRoads, ADR or insurance requirements in your specific circumstances, and you should seek your own confirmation where compliance is critical.

8.2 Dashcams, GPS Trackers and Recording Devices

Dashcams, GPS trackers and similar devices are subject to the Surveillance Devices Act 1999 (Vic) and equivalent laws in other states and territories. You acknowledge and agree that:

• you are responsible for using any device we supply or install lawfully, including with respect to recording conversations, tracking other persons or vehicles, and notifying passengers where required;
• we provide the Products and installation only — we do not provide legal advice on the lawful use of recording or tracking devices;
• you indemnify us for any claim arising from your unlawful use of a device we have supplied or installed.

8.3 Manufacturer Warranties

Where a Product carries a manufacturer's warranty, that warranty is provided by the manufacturer and is in addition to your rights under the Australian Consumer Law. We will assist you with manufacturer warranty claims as a reasonable courtesy.

8.4 Existing Condition of Vehicle

You acknowledge that some vehicles, particularly older or previously modified vehicles, have pre-existing wiring, electrical or mechanical issues that may only become apparent during work. We are not responsible for pre-existing faults or for the cost of remedying issues that are unrelated to our installation, although we will inform you where we identify them.

9. Product Delivery (Where Applicable)

• Products may be collected from the Workshop by appointment or shipped to an address you nominate within Australia. International shipping is not offered.
• Shipping costs and estimated delivery times will be provided at the time of order. Delivery times are estimates only and are not guaranteed.
• Risk in a Product passes to you when the Product is delivered to the address you nominate, or collected by you or your agent.
• If a Product is lost or damaged in transit, please contact us as soon as possible and we will work with you and the carrier to resolve the issue in accordance with the Australian Consumer Law.

10. Your Australian Consumer Law Rights

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law where it cannot lawfully be excluded.

Our Products and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures, you are entitled to a refund or replacement (in the case of Products) or cancellation of the Services (in the case of Services), and to compensation for any other reasonably foreseeable loss or damage. For failures that do not amount to a major failure, you are entitled to have the Product replaced or repaired, or the Services re-supplied or the cost of re-supply refunded, within a reasonable time.

11. Returns and Refunds

11.1 Change of Mind

We do not offer refunds, exchanges or store credit for change of mind on:

• Products that have been opened, used, fitted or installed;
• Products specifically ordered in or custom-prepared for you; or
• Services that have been performed.

11.2 Cancellation by Us

We may cancel or reschedule a booking or order for reasons including illness, staff unavailability, equipment failure, supply delays or unforeseen circumstances. We will offer you a rescheduled time or, where rescheduling or fulfilment is not reasonably possible, a refund of any amounts already paid for the cancelled work or Product.

11.3 Faulty Products or Services

If a Product is faulty, or our Services do not meet a consumer guarantee under the Australian Consumer Law, please contact us as soon as possible and we will work with you to resolve the issue in accordance with the law. Section 11.1 does not limit your rights under the Australian Consumer Law.

12. Your Responsibilities

You agree to:

• provide accurate information about yourself and (where relevant) your Vehicle;
• attend or arrange Vehicle drop-off and pick-up at the agreed times;
• not authorise work that is unlawful or unsafe;
• ensure your Vehicle is registered and insured when in our custody;
• treat our staff with respect;
• pay all amounts when due.

13. Intellectual Property

Our website content, branding, logos, photographs, videos, designs and other materials are owned by us or our licensors. You may not copy, reproduce, modify or commercially exploit them without our prior written consent. Photographs of our completed work may be published on our website and social media in accordance with our Privacy Policy.

14. Limitation of Liability

To the maximum extent permitted by law (and subject to Section 10):

• our total aggregate liability to you, whether in contract, tort (including negligence), under statute or otherwise, is limited to the Fees you have paid us in the 12 months preceding the event giving rise to the claim;
• we are not liable for any indirect, consequential, special, incidental or punitive loss or damage, including loss of profits, loss of use of your Vehicle beyond the agreed work period, loss of business or loss of data;
• where our liability cannot be excluded but can be limited, our liability is limited (at our option) to re-performing the Services, replacing the Product, or paying the cost of having the Services re-performed or the Product replaced.

We are not liable for any failure of a Product caused by misuse, accident, unauthorised modification, further alteration by you or a third party, or use contrary to the manufacturer's instructions.

15. Indemnity

You indemnify us against all loss, damage, cost or expense (including reasonable legal fees) suffered by us as a result of:

• your breach of these Terms;
• your unlawful use of any Product we supply or install (including any dashcam or GPS tracker);
• your misrepresentation about ownership or authority over the Vehicle; or
• your breach of any applicable law,

except to the extent caused by our own breach or negligence.

16. Force Majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent caused by events beyond its reasonable control, including natural disasters, pandemics, government actions, supply chain disruptions, internet or telecommunications failures, or industrial action.

17. Dispute Resolution

If a dispute arises, please contact us first using the details in Section 20 — most issues can be resolved quickly through a direct conversation. If the dispute cannot be resolved within 21 days, the parties agree to attempt mediation through a mutually agreed mediator (or, failing agreement, a mediator appointed by the Resolution Institute) before commencing legal proceedings (except for urgent injunctive relief or recovery of debt).

You also have the right to refer consumer disputes to Consumer Affairs Victoria (www.consumer.vic.gov.au, phone 1300 558 181).

18. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.

19. General

• Entire agreement: these Terms, together with any quote, work order, order confirmation or invoice we issue to you, constitute the entire agreement between the parties in relation to the Products and Services.
• Severability: if any provision is found to be invalid or unenforceable, the remaining provisions continue in force.
• No waiver: failure to enforce a right is not a waiver of it.
• Assignment: you may not assign these Terms without our written consent. We may assign these Terms in connection with a sale or restructure of our business.
• Notices: notices must be in writing and sent to the addresses set out below (or as updated in writing).

20. Contact