- Web Site and Content Ownership.
All of the content presented or displayed on this website, including, but not restricted to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by EnvironmentalLights.com, its licensors and its content providers. All products are copyrighted or trademarked by their respective manufacturers. Every aspect of this site and its Content is protected by trade dress, copyright, moral rights, trademark and other laws pertaining to intellectual property rights. No piece or aspect of this website or its Content may be duplicated or retransmitted via any means, and this website, its Content and all related rights shall remain the exclusive property of EnvironmentalLights.com or its licensors or content providers unless otherwise explicitly agreed upon. You shall indemnify EnvironmentalLights.com, its licensors and content providers against any losses, expenses, costs or damages incurred by any of them resulting from your breach of these Terms of Sale and Use, including your unauthorized use of the Content and related rights.
“EnvironmentalLights.com” and its logo are trademarks of EnvironmentalLights.com.
- Pictures and Technical Details.
Manufacturers may make changes to the appearance or performance of their products. We attempt to provide accurate pictures and technical details of products, but are not responsible for minor variations in appearance or performance. In some cases, we knowingly supply pictures of several colors of a product that may not include a color offered for sale because we do not have a picture of that color. The color and contrast of pictures varies by monitor and by printer.
Prices shown do not include shipping or sales tax.
- Price errors.
We strive never to make errors of any kind, especially pricing. If we make an error in pricing, we will notify you of the correct price. We make no representations or warranties as to the Content’s accuracy, correctness or reliability.
EnvironmentalLights.com offers only products it believes are available. If we discover we are unable to fulfill your order for any reason, we will notify you. You will not be charged for the items not shipped.
- Past Due Amounts.
1.8% per month may be charged on all past due amounts owed EnvironmentalLights.com.
ALL PRODUCTS ARE SOLD "AS IS," AND ENVIRONMENTALLIGHTS.COM DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. Many of the products sold by EnvironmentalLights.com are covered by manufacturers’ warranties under which you may find remedy.
- Limitation of Liability.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, ENVIRONMENTALLIGHTS.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE AND USE, THIS SITE, THE CATALOG, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ENVIRONMENTALLIGHTS.COM EXCEED THE AMOUNT YOU HAVE PAID US FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. The exclusion or restriction of implied warranties or liability for certain damages is not allowed in some jurisdictions, in which case some of the restrictions above may not apply to you.
If any provision of these Terms of Sale and Use are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbiter, such provision shall be deemed severed from these Terms of Sale and Use and the validity of the remainder of these Terms of Sale and Use shall not be affected thereby.
- Governing Law and Venue.
These Terms of Sale and Use shall be governed by and construed in accordance with the laws of California applicable to contracts made and to be enforced wholly within California, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Circuit Courts of the State of California in San Diego County or the Federal District Court nearest San Diego (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, EnvironmentalLights.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of EnvironmentalLights.com, such action is necessary or desirable.
- Waivers and Amendments.
The waiver by either Party of any provision of these Terms of Sale and Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale and Use on any other occasion or upon any other circumstances.
If your shipping address is in the U.S. but not California, we do not withhold sales tax.
If your shipping address is in California, we are required to withhold sales tax unless you will resell the product AND have a valid Seller’s permit. In that case, please print out, complete sign, and return to us our Resale Certificate. We cannot process your order until you do this. You only need to do this the first time you buy from us, and periodically thereafter if we request it.
If your shipping address is outside the U.S., you are responsible for paying any taxes due.
To return a product, log into your account from the top of any page on the website. Navigate to My Orders, select View Order and then click on Return from the order screen. Please complete the form for the item you would like to return. If there is more than one item, make sure to click on the “Add Item to Return” link to add additional products to the RMA Request.
If your return qualifies, we will issue an RMA number and provide you with the address and return instructions. We must receive the product within 10 days of RMA issuance. If you have any questions about the status of your Return, please email Returns@EnvironmentalLights.com.
You may return products within 15 days of shipment date, subject to the following:
- Aluminum channel is not returnable.
- Web cams and lenses are not returnable.
- Cut products, such as rope or strip light are not returnable.
- Sample kits are not returnable.
- Certain other products may be designated non-returnable products.
- A restocking fee of 20%, plus the cost of shipping the product to you will be withheld from the refund for products without manufacturer’s defects. Shipments outside the U.S. are subject to a 30% restocking fee.
- All returns must be approved by EnvironmentalLights.com and the Return Merchandise Authorization (“RMA”) number you are issued must be clearly marked on the box(es).
- The address for the return varies by product, which is one reason you must obtain an RMA first. We are not responsible for products returned without an RMA.
- Orders totaling over $2,000 are not returnable. We encourage you to order samples before placing large orders to ensure the products meet your requirements.
- Returned products must not have been used, installed or modified in any way. They must be in their original cartons and shipped with sufficient packaging material to ensure they are resellable. All manuals, warranty cards and ancillary items must be in saleable condition.
Missing Products or Products Damaged in Shipment
If a product is damaged or missing from your shipment, please note any obvious damage or shortage when you sign for receipt of the shipment.
Open your shipment in front of the driver, and refrain from signing for the shipment if you have not completely inspected the package(s). Upon signing the release form or bill of lading (BOL/POD) Proof of Delivery, you are accepting responsibility for any missing items or damage found after the fact. It is crucial that you describe missing merchandise or damaged goods on the proof of delivery form and have the driver sign off with their initials and signature.
If the driver is unable to wait for your inspection, then you must notate, “Driver unable to wait for inspection, possible missing goods or concealed damage – subject to inspection.”
YOU MUST NOTIFY US OF THE DAMAGE OR SHORTAGE WITHIN ONE BUSINESS DAY OF RECEIPT OF THE MERCHANDISE. Contact us through email: firstname.lastname@example.org or by phone: 888-880-1880.
CLAIMS NOT RECEIVED BY CLOSE OF BUSINESS (PST) OF THE NEXT BUSINESS DAY ARE NOT ELIGIBLE FOR REPLACMENT OR REFUND.
EnvironmentalLights.com will replace or refund the purchase value of the damaged item(s) at its option, provided you supply information necessary to make a claim with the carrier; however, if you use a freight forwarder, you assume title and risk of shipment from the moment of delivery to your freight forwarder, so you must pursue remedy through that company. EnvironmentalLights.com is not responsible for shipment damage to products you return. We will notify you of the damage and allow up to 45 days to have the product picked up. We are not responsible for such items left over 45 days.
To return products, please complete a Return Merchandise Authorization Request Form and e-mail it to Returns@EnvironmentalLights.com. If your return qualifies, we will issue an RMA number and provide you with the address and return instructions. We must receive the product within 10 days of RMA issuance.
If the item meets the criteria for a qualifying return as described above, the refund will be issued immediately.
If you want to cancel your order and we are able to do so without incurring cost, we will do so without charging you. If the order has shipped, it cannot be cancelled, and is subject to the returns policy.