These terms and conditions ("Agreement") apply to your purchase of PRODUCTS AND SERVICES from Lightmart.com. By placing an order, you acknowledge that you read this Agreement and fully accept the terms and conditions of this Agreement. Lightmart.com reserves the right to change the Agreement without any notice and/or restrictions.
- Products: All products offered by Lightmart.com may be discontinued, modified or substituted any time without any notice. Despite Lightmart.com’s every attempt to be as accurate as possible, Lightmart.com does not guarantee that products offered on our website and their prices are correct and/or accurate. If a product does not meet your expectations you have the right to return the product in accordance with Lightmart.com’s return policy outlined below.
- Price: Despite Lightmart.com’s every attempt to be as accurate as possible Lightmart.com does not guarantee that prices offered on our website are correct and/or accurate. If pricing is not correct, Lightmart.com will rectify the error as quickly as possible, and the correct price will apply to future orders. Our prices do not include sales tax, shipping & handling (if applicable). Please see the shipping and handling section below.
- Orders: Lightmart.com reserves the right to refuse service to any customer. An order will not be considered to be accepted by Lightmart.com until the customer receives an order confirmation from Lightmart.com.
- Email Addresses: Lightmart.com requires a valid email address to be provided at the time of the order for the sole purpose of communication during the ordering process. We do not sell or share your email address with outside companies, and it will only be used for the purpose of communicating with our customer service representatives or account representatives during the order process.
- Payment: Payment is due with order (unless otherwise agreed to prior to order). If payment is not received on time, interest shall accrue at the rate of one percent (1%) on the first 'late' day and on the first day of each ten (10) day period thereafter until paid in full including interest and fees. If payment is not received as called for by this website, Energy Light, Inc. dba Lightmart.com shall be entitled to legal fees, court costs, collection fees, interest and late fees.
If any dispute is not settled by the credit card processing company to the satisfaction of any party, jurisdiction for all disputes including collection action shall be the Circuit Court of Cook County, Illinois, 2nd Municipal District.
- Sales Tax: Lightmart.com collects sales tax for tangible personal property shipped to customers throughout the country based upon Nexus and state compliance regulations.
- Delivery: Lightmart.com has distribution facilities across the country. Consequently, the actual delivery duration will vary based on the proximity of the delivery location to the distribution facilities. Lightmart.com is not responsible for delivery delays beyond Lightmart’s control such as fire, flood, accident, strike, riot, civil commotion, the act of God, act of terrorism, acts or mistakes of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure. Freight companies are not required to unload any shipments. IMPORTANT: Lightmart and its freight carriers do not unload products. Unloading is the sole responsibility of the recipient (customer) and recipient (customer) is required to provide all necessary equipment and/or manpower at the time of delivery. We ship via ground service unless you indicate otherwise and agree to pay additional surcharges associated with expedited delivery. Please call us at 1-800-443-8254 or e-mail us at sales@lightmart.com to discuss your rush needs.
- International Shipments: Please contact us at 1-800-443-8254 or e-mail us at sales@lightmart.com to discuss your international shipping needs.
- Backorders: Lightmart stocks many of our products; however, some products may be on back order from time to time due to high demand. In these cases, you will receive an email notification to the email address provided at the date of order that the product is back-ordered. At that time if estimated in stock dates are available they will be provided. If no estimated date is available Lightmart.com may offer a substitute product which the customer would be responsible for any additional charges for that product or a credit will be issued if the charges are lower. Lightmart.com will not automatically substitute any product without your consent. In addition, some of our products are made-to-order and are not stock items. For made-to-order items, Lightmart.com will provide the lead time within 24 business hours of order placement.
- Shipping & Handling (S&H) Charges: All orders with merchandise totaling under $150.00 will be assessed a flat shipping & handling charge of $18.95. Most orders exceeding $150.00 qualify for free shipping; however, some exceptions do apply. Shipping and Handling exceptions assessed on individual products will be specified in the product description on Lightmart.com. 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.non refundable). For shipments to Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands, please contact us at 1-800-443-8254 or e-mail sales@lightmart.com to get an estimate prior to placing your order. S&H is non-refundable. All orders ship via ground service unless otherwise requested and paid by the customer. NOTE - customer pick-ups of small pole orders will be charged a $50.00 fee for packaging and loading.
- Warranties: Lightmart.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. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
- Return & Restocking Policy.* Lightmart.com accepts returns or exchanges on products only if: 1) you notify us within 14 days of receipt of product 2) you obtain an R.G.A. number (Return Good Authorization Number) by calling 1-800-443-8254. A Restocking Charge of 25% plus any manufacturing costs incurred to LightMart.com will apply if Lightmart.com did not commit an error in shipping the product or if the product was not defective. Refunds will be made by original method of payment less the restocking and manufacturing charges. All returns must arrive in the original packaging and must be unused. Freight charges for the shipment and return of goods will be the responsibility of the customer except for reasons of Lightmart error or defect.
- Canceling an Order : In-Stock Products - You can cancel an order without incurring any cancellation fees only if the products have not shipped and products have not been customized specifically for your project. Made-To-Order Products – A cancellation fee may apply for made-to-order items dependent on the item and timing of the cancellation. Cancellation fees vary by product. Please call 1-800-443-8254 to determine cancellation fee.
- Special Order Merchandise: We will only accept returns on special ordered merchandise in the event that Lightmart.com committed an error in the fulfillment of the order based on the original specifications of the job.
- Large Project Orders: Returns or exchanges for project orders will be handled on a case by case basis due to the manufacturing costs and packaged pricing.
- Trademarks: Lightmart and other marks indicated on this website are registered trademarks or trade dress of Lightmart.com and its vendors in the United States and other countries.
- Mistaken and Damaged Shipments: Although Lightmart.com strives to make no errors, in case you receive the wrong merchandise or if the merchandise you receive is damaged, please call us within 7-days of delivery and make all claims for replacement or credit. To return any wrong or damaged item, please call 1-800-443-8254 and receive an R.G.A (Return Good Authorization). For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to Lightmart.com. Lightmart.com 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.
- Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, Lightmart.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, 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 Lightmart.com 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.
By visiting this website, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern these Terms and Conditions of Sale and any dispute of any sort that might arise between you and Lightmart.com.