Commercial Lighting Technologies owns and operates this e-commerce website, commercial-lighting.com (referred to herein as the “Site”). In these Terms and Conditions, we also use the terms “we”, “us” and “our” which refer to commercial-lighting.com. The use of this Site is governed by the policies, terms and conditions set forth below. Please read the following information carefully before accessing or using our service.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms). These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, vendors and/ or contributors to the Site.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features, service or products which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Commercial Lighting Technologies reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Big Commerce Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
GENERAL CONDITIONS (including credit card protections)
We reserve the right to refuse service to anyone for any reason at any time.
Your content (not including your credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Major credit cards-American Express, Visa, Master Card and Discover are all accepted. All credit cards are billed once the order has shipped. Any items that are special order may be subject to prepayment.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site through which the service is provided, without express written permission by us.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Site.
PRODUCTS
All products sold on this site are manufactured by third-party manufacturers and not Commercial Lighting Technologies. As such any information about the products, specifications, descriptions, or performance claims are provided by these manufacturers.
Products may at times have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to cancel any order or substitute an item of equivalent specification to fulfill the order. Once the order has been received, we reserve the right to mix brands to complete the order.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
PRICING
Prices for our products are subject to change without notice.
The price for Products on the Site is stated in U.S. dollars. The price for an order will include additional costs, such as taxes, shipping, and handling. The full price of the order will be displayed to you before you place the order.
You (the buyer) are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price and includes charges for shipping and handling where applicable.
PRODUCT PRICING ERRORS
Despite our best efforts, some products may be mispriced. If the correct price of a product is higher than the stated price, Commercial Lighting Technologies will, at its sole discretion, either contact you with instructions before the order is shipped or cancel the order and notify you of such cancellation. If we cancel an order because of a mispriced product, Commercial Lighting Technologies will refund the amount paid, if any.
PRODUCT WARRANTIES
The warranties for products sold on the Site are provided solely by the manufacturer. In connection with each Product, Commercial Lighting Technologies may provide a link to the applicable manufacturer warranty. If such a link is not provided or if for any reason the warranty information is not available, please contact Commercial Lighting Technologies and we will send you a copy of the manufacturer’s warranty, if any, by email.
COMMERCIAL LIGHTING TECHNOLOGIES DISCLAIMER OF ALL PRODUCT WARRANTIES. COMMERCIAL LIGHTING TECHNOLOGIES PROVIDES THE PRODUCTS “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
COMMERCIAL LIGHTING TECHNOLOGIES DISCLAIMS THE APPLICATION OF THE UNIFORM COMMERCIAL CODE OR OTHER LAWS TO THE EXTENT THEY ARE INCONSISTENT WITH OR CONFLICT WITH THESE TOS.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SHIPPING
The risk of loss and title to products pass to you upon our delivery of your order to the carrier (FedEx, UPS, the US Postal Service, or any other carrier). Losses that occur during shipment are the responsibility of the carrier. We will provide you (the buyer) with a tracking number and a toll-free number for the carrier. It is the buyer’s responsibility to contact us and notify us of any loss before the claim process can begin, in cases where Commercial Lighting Technologies has prepaid and added freight to your order. In cases where your order has shipped to any account other than one belonging to us, recovering losses is entirely up to you (the buyer) to take up with the carrier. We are not responsible for claims filed on any second- or third-party shipping accounts. Our standard method of shipping within the continental United States is UPS Ground Service. Unfortunately, on rare occasions our website may miscalculate freight charges. If any additional shipping cost is incurred due to miscalculation, we will make every effort to contact you (the buyer) prior to shipment. We will not accept or ship the order until you (the buyer) have agreed to the new shipping charges.
RESPONSIBILITY FOR USE OF PRODUCTS
You are responsible for your use of the product, including its proper and safe deployment. Please contact the manufacturer of the product or other qualified technician if you have any questions as to proper use or installation of the product or if you need additional instructional materials relating to the product.
LIMITATIONS OF LIABILITY FOR DAMAGES
COMMERCIAL LIGHTING TECHNOLOGIES SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE PRODUCTS. IN NO CASE SHALL COMMERCIAL LIGHTING TECHNOLOGIES BE LIABLE TO YOU, UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, FRAUD, MISREPRESENTATION, FALSE INDUCEMENT, BREACH OF CONTRACT, TORT, OR PRODUCT LIABILITY) IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF ANY NONCONFORMING OR DEFECTIVE PRODUCT.
BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the Site is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Commercial Lighting Technologies, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Commercial Lighting Technology and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms and Conditions of Service at any time on this page.
We reserve the right to update, change or replace any part of these terms and conditions by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
If you have any questions about our terms and conditions, you may contact us by email at support@commercial-lighting.com
Additional Information can be found in the Shipping and Returns Section, Product Warranties and Privacy Policy.