1. Acceptance of Terms of Sale & Use (TOS):
By accessing and using this Web Site you agree to be bound by the following Terms of Sale & Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT use this Web Site.
These TOS may be amended by Factory Direct LED at any time. Such amended TOS shall be effective upon posting on this Web Site. Please check the TOS published on this Web Site regularly to ensure that you are aware of all terms governing your use of this Web Site. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site (the “Content”) or transactions concluded through this Web Site.
Such specific terms may be in addition to these TOS or, where and then only to the extent expressly specified, may supersede these TOS.
Factory Direct LED reserves the right to make changes or updates with respect to or in the Content of the Web Site or the format thereof at any time without notice. Factory Direct LED reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion.
2. Products:
Factory Direct LED may discontinue any product at any time without notice. Factory Direct LED distributes LED lighting products meeting or exceeding national specifications, including many specialty items for commercial and industrial applications.
Some terms utilized are trademarks and/or trade names of Factory Direct LED and/or the respective manufacturers. Many Factory Direct LED products are exclusively manufactured by companies who design long life and energy efficient LED lighting products, including Original Equipment Manufacturers (OEM’s) who build products exclusively for Factory Direct LED.
3. Orders:
Orders are not binding uponFactory Direct LED until accepted. Factory Direct LED reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
4. Sales Tax:
Purchasers are responsible for the payment of any state and local sales or use taxes that may apply to an order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling if required by law. By law,Factory Direct LED must collect sales tax for orders shipped to areas in the state of CO.
5. Delivery:
If you order by 1 pm Mountain time, we will make every effort to ship the in-stock items ordered that day (Monday through Friday delivery days) via ground transportation to most locations. Upgraded shipping services (Next Day, 2nd Day) are available at an additional charge. In the event only some of the product is in stock at the time an order is placed, the unavailable product will be backorder and will ship via Ground service when stock is replenished.
While Factory Direct LED will make every reasonable effort to ship your orders within these time frames, Factory Direct LED is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond our reasonable control.
Such events may include, but are not limited to, manufacturing production schedules, fire, accident, flood, civil commotion, terrorism, earthquake, strike, riot, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Site caused by an event outside the direct control of Factory Direct LED, including without limitation, power outages or attacks on this Site such as by persons known as “hackers.”
6. USA Shipping Rates and International Shipments:
Normal delivery times for in stock products is 1 to 5 days. Shipments to Alaska, Hawaii, APO/FPO, other US Territories, Canada, and Mexico will be arranged and additional shipping charges will apply.
For customers seeking to have bulbs delivered to all other countries, Factory Direct LED will ship via USPS, DHL, UPS, FedEx or through a U.S.-based “Freight Forwarder” of the customer’s choosing. Additional shipping charges will apply. The customer is responsible for payment of taxes, duties, tariffs and any other charges levied by government agencies.
Payment must be made in full using a credit card or bank transfer at the time of shipment. Title and risk of loss of the products pass to the customer upon delivery at the “Freight Forwarder.”
7. Shipping & Handling (S&H) Charges:
Additional S&H charges will apply to orders shipped outside the 48 contiguous states and to orders shipped via upgraded services (Next Day, 2nd Day, etc). In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the upgraded service and the backorder will ship via Ground service when stock is replenished.
S&H charges along with any charged Freight are non-refundable in occurrences where Factory Direct LED has made no error in merchandising or shipping.
8. Warranties:
ALL PRODUCTS SOLD ARE NEWLEY MANUFACTURED PRODUCTS AND UNLESS OTHERWISE NOTED, CARRY A THREE (3) YEAR WARRANTY AGAINST MANUFACTURER DEFECTS. Warranty periods and services may vary by product. Warranted products that prove to be defective will be replaced or refunded at our option and discretion following examination. Lighting products that have been installed incorrectly, mishandled, and/or used on incompatible systems are not covered by any warranty and are deemed to void any stated warranty.
9. Return & Restocking Policy:
Factory Direct LED stands behind its products and will issue a refund, replacement or credit according to the terms herein if you are not satisfied with your purchase and notify us within 30 days of receipt of product. Except for qualified and approved Distributors, Factory Direct LED does not ship products for trial, sample, or consignment.
A Restocking Charge of 20% will apply to all items returned where Factory Direct LED has made no error in merchandizing or shipping. Refunds will be made by original method of payment.
All returns must arrive in its original packaging and all freight charges for the return of goods are to be paid by the customer. Shipping charges are not refundable. The restocking fee is not intended to penalize the customer – it allows Factory Direct LED to recoup costs associated with preparing for resale and restock.
When returning products, the customer must use a carrier that has tracking capabilities. The customer assumes responsibility for insuring the return shipment and filing claims for lost or damaged returns.
Exceptions to our Return Policy include, but are not limited to, Special Order products, orders outside the continental U.S., and shipments delivered via common carrier. Please call +1 (832) 446-8951 to obtain instructions and a Returned Material Authorization (RMA) before returning any product.Factory Direct LED may at any time limit the number of delivery attempts based on unfavourable delivery history resulting from, but not limited to, damage, loss, or theft.
10. Mistaken and Damaged Shipments:
Factory Direct LED will replace the order and refund any applicable shipping costs if we made an error with your order. All damage and missing items must be reported to Factory Direct LED within 72 hours of delivery, otherwise no claims will be approved.
Please note any obvious damage or shortage while applying your signature at the time of delivery and make all claims for replacement or credit within 14 days of delivery. To return any mistaken or damaged item, please call +1 (832) 446-8951 to obtain a Returned Material Authorization (RMA). For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to Factory Direct LED. Factory Direct LED may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
11. Limitation of Liability:
TO THE MAXIMUM EXTENT ALLOWED BY LAW, Factory Direct LED 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, THIS SITE, 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 Factory Direct LED EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Severability:
If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
13. Governing Law:
These Terms of Sale shall be governed by and construed in accordance with the laws of the State of Colorado applicable to contracts made and to be enforced wholly within the State of Colorado.
14. Arbitration:
Any dispute or disagreement arising out of these Terms of Sale, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Arapahoe County, state of Colorado.
15. Jurisdiction and Venue:
You and Factory Direct LED (collectively the “Parties;” individually a “Party”) irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or state courts of the State of Colorado located in the City of Englewood, County of Arapahoe, Colorado, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
16. Waivers and Amendments:
The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed by the Parties.
17. Personal Information:
Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with the Factory Direct LED Privacy Policy, and these Terms of Sale & Use are subject to the Privacy Policy as posted on this Web Site.
19. Questions:
For any questions related to these Terms of Sale & Use, please contact us.