WowLights Terms and Conditions
BINDING TERMS AND CONDITIONS
The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by WowLights Productions ("WowLights") to WowLights's customers ("Customers").
WowLights and its affiliates provide their services to you subject to the following conditions. If you visit or shop at WowLights.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future WowLights service or visit or purchase from any of our affiliates, you also will be subject to the guidelines and conditions applicable to such service or business.
1. LICENSE AND SITE ACCESS
WowLights grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent of WowLights. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without expressed written consent of WowLights. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WowLights.com and our affiliates without expressed written consent. You may not use any meta tags or any other "hidden text" utilizing WowLights name or trademarks without the expressed written consent of WowLights. Any unauthorized use terminates the permission or license granted by WowLights. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WowLights.com so long as the link does not portray WowLights, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WowLights logo or other proprietary graphic or trademark as part of the link without expressed written permission.
2. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance by WowLights. Any acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by WowLights may be cancelled by Customer upon written consent of WowLights provided such order is not a “Special Order” or “Custom” product. Special Order products are defined as Products that are not customarily in stock. Custom products are defined as Products that have been modified to meet a Customers specification. Special Order and Custom Products are non-cancelable and non-refundable. In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which WowLights may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by WowLights, and shall be paid by Customer to WowLights. Orders may not be canceled or rescheduled after the order has been submitted by WowLights to the shipment carrier. WowLights reserves the right to allocate sales and limit quantities of selected Products among its customers in its sole discretion. Product specifications and availability are subject to change without prior notice.
Customer must notify WowLights within 10 days from date the shipment was received of any defective product. Returns are normally accepted when completed within 30 days of receiving the shipment. Returns for Holiday Specific items (Christmas, Halloween, 4th of July) cannot be returned after the Holiday. All returns are subject to a 15% restocking charge. If WowLights agrees to accept a return, return freight charges must be prepaid by customer. We are not responsible for lost or damaged packages and recommend insuring the shipment for the product cost. We recommend shipping with a trackable carrier, such as UPS or FedEx. At your request we will send you shipping labels to return your order.
WowLights will not accept COD shipments. Some products may require return directly to the manufacturer. Contact WowLights for a Return Materials Authorization Number and addressing instructions prior to returning product. The foregoing statements concerning Returns do not apply to Special Order and Custom Products. To initiate a return send an email to firstname.lastname@example.org. Include your order number, the reason for your return, and which product(s) you would like to return.
2b. Counterfeit Product Prevention Clause
Only products originally shipped from WowLights or from a supplier at WowLights direction (drop-ship) will be returned to WowLights. All others will be promptly quarantined and disposed of or returned to the customer. By a Customer returning products to WowLights, the Customer certifies that the products were purchased from WowLights and there has been no substitution in whole or part of same product from another supplier, distributor or other such source of the product. The return should be in the original packaging (manufacturer or WowLights), in unused condition (except defective).
Orders are billed at the prices in effect at the time the order is placed. When WowLights provides a Quote the Prices will be as specified by WowLights and will be applicable for the period specified. If no period is specified, quoted prices will be applicable for thirty (30) days. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, domestic or international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, and document fees. While every effort is made to ensure pricing and/or sale pricing is accurate, we are not responsible for typographical errors.
4. TERMS OF PAYMENT
All payments must be made in the US Dollars and can be paid by credit card or PayPal.
Credit cards accepted include VISA, MasterCard, Discover, and American Express. Credit Card billing information must be verified on new customers prior to shipment of order.
4.1 TERMS OF PAYMENT
For All Orders
Customer agrees to pay the entire net amount of each invoice from WowLights prior to the order shipping.
Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by WowLights against any obligation owing by Customer to WowLights under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customer to WowLights. The acceptance by WowLights of such check will not constitute a waiver of WowLights right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, WowLights may pursue any legal or equitable remedies, in which event WowLights will be entitled to reimbursement of costs for collection and reasonable attorneys' fees. There is a $25 (USD) service charge on all returned checks.
5. SALES TAX
When required by law WowLights will collect Federal, State and/or Local sale, use, excise, and other taxes that apply to a Customer's shipment. These taxes are in addition to the purchase price of the Products subject to an order. Customer will remit the correct tax unless customer is tax exempt and WowLights has a valid signed tax exemption certificate on file.
All applicable VAT, PST, HST, and/or GST charges along with brokerage fees will be the responsibility of the Customer and due at the time of delivery.
6. DELIVERY AND TITLE
All shipments by WowLights are F.O.B. point of shipment from WowLights or supplier facility and the amount of all transportation charges will be paid to WowLights by the Customer in addition to the purchase price of the Products. Subject to WowLights right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. WowLights will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by WowLights are estimates only and that WowLights will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by WowLights unless specifically designated by Customer. WowLights reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity that varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.
7. WOWLIGHTS LIMITED WARRANTY
WowLights warrants that its products will be free from defects in materials and workmanship for a period of 90 days from the date of original purchase. Customer must notify WowLights within 10 days from date the shipment was received of any defective product. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. This warranty does not apply to any defects caused by negligence, misuse, alteration, abuse or accidents. This warranty does not cover damages that occur as a result of shipment, storage, accidents, failure to follow instructions, shocks and/or crashes, misuse, use not consistent with the original intent for the product, neglected or poorly maintained products, improper assembly, assembly with non-compatible products, normal wear and tear, or modifications to the original product. WowLights shall not be responsible for any special, indirect, incidental or consequential damages, whether or not foreseeable and whether or not the action is based on contract warranty, negligence, or strict or products liability. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. In the event of a warranty claim, the sole obligation of WowLights is to repair or replace, at its option, the defective part or product. This warranty covers only the original purchaser accompanied by proof of purchase. A return authorization number must accompany all returns. WowLights makes no warranties, express or implied, other than as set forth above. In the event of legal action, the sole proper venue for all claims or disputes under this warranty shall be contested in the courts of the San Bernardino County in the State of California. This warranty gives you specific legal rights, which may vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
8. LIMITATION OF LIABILITIES
IN NO EVENT SHALL WOWLIGHTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from WowLights for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD WOWLIGHTS HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY WOWLIGHTS.
9. STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge. WowLights shall have no responsibility or liability for the content or use of such statements or advice.
10. INTELLECTUAL PROPERTY
If an order includes software, sequences, or other intellectual property, such software or other intellectual property is provided by WowLights to Customer subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software, sequences, or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Software and sequences are not refundable once they are downloaded from the website and/or shipped on CD, SD card, or other media.
11. FORCE MAJEURE
WowLights will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. WowLights time for delivery or performance will be extended by the period of such delay or WowLights may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.
12. EXPORT CONTROL
WowLights is committed to compliance with all U.S. Export Regulations and Laws. WowLights will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC). WowLights will not sell or ship to individuals or organizations identified by the U.S. Treasury as Specially Designated Nationals and Blocked Persons. WowLights will not sell or ship products prohibited under Export Administration Regulations to individuals or organizations identified by the U.S. Department of Commerce, Bureau of Industry and Security (BIS). WowLights will not seek export licenses pursuant to Export Administration Regulations. Furthermore, WowLights prohibits the re-export, brokering or transshipment of its products to any individual, organization or country prohibited by the OFAC or BIS. The sale, resale or other disposition of Products, and any related technology or documentation, are subject to the export control laws, regulations and orders of the United States and may be subject to the export and/or import control laws and regulations of other countries. Customer agrees to comply with all such laws, regulations and orders. Customer further acknowledges that it shall not directly or indirectly export any Products to any country to which such export or transmission is restricted or prohibited. Customer acknowledges its responsibility to obtain any license to import as may be required.
The Terms and Conditions may not be modified or cancelled without WowLights written agreement. Accordingly, goods furnished and services rendered by WowLights are sold only on the terms and conditions stated herein. The sale of Products hereunder will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any order purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party affecting the purchase and/or sale of Products. Any conflicting statements, terms or additional terms and conditions listed on the Customer purchase orders, invoices, confirmations or other Customer generated documents ("Customer Documents"), whether heretofore or hereafter submitted, are hereby objected to by WowLights. WowLights performance of any contract is expressly made conditional on Customer's agreement to WowLights Terms and Conditions of Sale, unless otherwise specifically agreed upon in writing by WowLights. In the absence of such agreement, commencement of performance and/or delivery shall be for Customer's convenience only and shall not be deemed or construed to be acceptance of Customer's terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance by Customer of any goods or services shall be deemed acceptance by Customer of the terms and conditions stated herein. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of WowLights. The obligations, rights, terms and conditions hereof will be binding on the parties hereto and their respective successors and assigns. The waiver or breach of any term, condition or covenant hereof, or default under any provision hereof, will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein, or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction, or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of California and the applicable laws of the United States. In the event of legal action, the sole proper venue for all claims or shall be contested in the courts of the San Bernardino County in the State of California.
14. COLLECTION OF PERSONAL INFORMATION
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