GENERAL TERMS AND CONDITIONS
PLEASE TAKE A FEW MINUTES TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. BY USING THIS WEBSITE YOU AGREE TO FOLLOW THESE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
Specifically these Terms and Conditions apply to your use of this website and all sales entered into through this website. For all such sales the seller is FlexFire LEDs, Inc. (“FlexFireLEDs”). FlexFireLEDs operates and maintains this website.
These Terms and Conditions may be updated or modified at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions often. These Terms and Conditions were last updated March 8, 2012.
Limitation of Liability
FlexfireLEDs operates this website without representations or warranties of any kind. To the full extent permitted by law, FlexfireLEDs disclaims any and all representations and warranties with respect to this website and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.
Without limiting the foregoing, FlexfireLEDs does not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current or that the website will operate without interruption or error. FlexfireLEDs disclaims any liability as to the accuracy or completeness of each item description.
FlexfireLEDs assumes no risk or responsibility for your use of any of the content provided on this website. Under no circumstances shall FlexfireLEDs or any of its employees, directors, officers, agents, vendors, or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use or inability to use the website.
FlexfireLEDs makes no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, income, or profits), whether in contract, negligence, or other tortuous action, even if an authorized representative of FlexfireLEDs has been advised or should have known of the possibility of such damages.
If you are dissatisfied with this website or any of its content, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of it is at your sole risk.
If you are dissatisfied for any reason with a purchase made from the website and that purchase is not covered by warranty, your sole and exclusive remedy is to return the items purchased; provided such return is in accordance with the return policy.
FLEXFIRELEDS.COM ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO PERSON OR PROPERTY FOR DAMAGE CAUSED BY OR RESULTING FROM THE MISUSE OF ANY PRODUCT PURCHASED FROM THIS WEBSITE (OR FROM AN AFFILIATE WEBSITE).
YOU MUST CONSULT A PROFESSIONAL ELECTRICIAN BEFORE ATTEMPTING TO INSTALL ANY PRODUCTS YOURSELF OR HANDLE ELECTRICAL EQUIPMENT. FLEXFIRELEDS IS IN NOT RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF OUR PRODUCTS.
Order and Payment Details.
The price offered for the items in your cart at the time you “check out” is binding. If an item is subject to a special offer, then such offer shall depend on the terms of that offer being met. Before you enter your payment information, you will be shown the total charges for your purchase, including amounts charged for shipping and sales tax, if applicable.
Payment must be made by credit card and your card will be charged when the goods are ordered. FlexfireLEDs accepts Visa, Mastercard, American Express, and Discover. Both the billing address of such credit card and the shipment address must be within the United States or within Canada. You may also pay wth Google Checkout or Paypal. Please contact us if you would like to make an international purchase using a method other than Google Checkout or Paypal. Any transmission of your payment information will be encrypted by the SSL process (Secure Socket Layer), which is currently the most widely-used and secure data transmission process on the internet.
FlexFireLEDs may cancel or modify any order for any reason whatsoever, including, for example, to limit the order quantity to an amount that is usual and customary.
In some circumstances our Fraud Detection Unit may contact you to verify your order. If verification is not possible your order will also be cancelled. FlexFireLEDs will notify you if your order will be canceled or modified.
If your order is shipped within California, FlexFireLEDs will add applicable sales tax to your order. For shipments to all other states or jurisdictions, it is your responsibility to pay the applicable sales or use tax, if any, attributable to your online purchases in the manner specified by such state or jurisdiction. Contact us if you would like to apply your California reseller certificate to any order.
Delivery and Shipping Charges
FlexFireLEDs ships merchandise to locations within the 50 United States and U.S. territories, including Puerto Rico, Guam, and the U.S. Virgin Islands. FlexFireLEDs also ships to many international locations, including Canada, Australia, and the U.K. For any other international orders please contact us to discuss your shiping options.
PLEASE NOTE THAT EVEN THOUGH WE SHIP TO INTERNATIONAL LOCATIONS FREE SHIPPING IS ONLY AVAILABLE FOR THE FOLLOWING TYPES OF ORDERS: 1) ORDERS SHIPPED WITHIN THE UNITED STATES AND U.S. TERRITORIES THAT HAVE A MINIMUM ORDER AMOUNT OF $125 (excluding taxes and after the application of discounts); 2) ORDERS SHIPPED TO CANADA WITH A MINIMUM ORDER AMOUNT OF $250 (after the application of discounts); and 3) ORDERS SHIPPED TO AUSTRALIA AND THE UNITED KINGDOM WITH A MINIMUM ORDER QUANTITY OF $500 (after the application of discounts). If you select "free shipping" and your order does not meet one of the above conditions you will be contacted and asked to provide additional funds before we will be able to proces your order.
FlexFireLEDs does its best to ship items to you as soon as possible--usually no later than the second business day following the day when your order was placed; however sometimes your order will be delayed. If your order will be delayed, FlexFireLEDs will inform you of the estimated shipment date.
The risk of loss and title for all merchandise ordered on this web site will pass to you when the merchandise is delivered to the shipping carrier!!!
If you wish to insure your shipment, please contact us before your purchase!
Additional Rules for International Shipments. Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the recipient’s responsibility. Contact your local customs office for details. Shipping laws are different in each country. It is buyer’s responsibility to check with the appropriate Customs office to verify whether the products you desire to purchase are legally allowed to be shipped to that country. FlexFireLEDs is not responsible for any direct, indirect, punitive, or consequential damages that arise from shipping its goods internationally.
Limited Warranty on Purchased Items
All products sold by FlexfireLEDs and shipped within the 50 United States come with a limited warranty. This warranty is valid for 2 years from the time of purchase and covers any product failures that were installed and connected properly by a certified electrician and that fail during normal use. This limited warranty does not include product failures that are the result of 1) not using a voltage regulated power supply to connect the LED product or controls; 2) connecting LED products to the wrong Output Voltage; 3) improper connection of power supplies, LED products, or controls; 4) connecting LED products or controls directly to any A/C power source; 5) connecting power supplies backwards to an A/C power source; 6) using products in an extremely hot environment and/or without adequate ventilation as overheating will cause the LEDs to fail; 7) water damage to products not specifically sold as waterproof products; 8) electrical power surges; 9) damage from lighting or electrical storms; 10) damage from hail, flooding, tornado, fire, wind, earthquake; 11) damage caused by a vehicle or other accident; 12) damage caused when transporting the item; 13) damage to any products that were modified by the user, used for purposes other than as intended or directed, or connected to LED systems or components not purchased from FlexFireLEDs.
This limited warranty also expressly excludes coverage for excessive wear and tear and/or physical or accidental abuse, loss, or theft. Improper repair or warranty service performed by someone other than FlexFireLEDs will void this warranty. Buyer is responsible for the safe transport of any item sent to FlexFireLEDs for warranty service.
Buyer’s sole right under this warranty is for repair or replacement of the defective item.
This warranty is not transferable and applies only to the original purchaser of such items; provided that products purchased from authorized FlexFireLED resellers will also include the above limited warranty, which shall be valid from the latter of a) two years from the date such item was purchased wholesale from FlexFireLEDs or b) one year from the date such item was purchased from the FlexFireLED reseller. Proof of purchase may be required.
For warranty service please contact: firstname.lastname@example.org use “warranty” in subject line
In the event that you are unsatisfied, for any reason, with a purchase from the website you may return the items purchased to Seller within ten (10) calendar days of your date of purchase or within three (3) calendar days of the date your items are shown as delivered by the applicable delivery service; provided that such goods are returned in original condition, in the original packaging, with all original tags and labels affixed. It is your responsibility to verify that the products are correct and function properly within this time-frame. You must contact FlexFireLEDs before the time frame has expired to request a return item number from our customer service department. All requests should include your order number, a reason for the return, and the desired action (exchange, refund, etc). Requests received after the expiration of that window will not be accepted.
Returned items must be postmarked no later than five (5) calendar days from the issue date of your return authorization and shall be shipped no slower than first class mail postage prepaid to the following address:
FlexFire LEDs, Inc.Returns1501 W. Alton Ave
Santa Ana, California 92704
All return shipping is the responsibility of the customer. The return package must include your return item number and all items in their original packaging.
Refunds for returned items will be issued to the original method of payment, when possible, once FlexFireLEDs receives the return item in acceptable condition less any applicable restocking fee. No refund can be issued unless and until FlexFireLEDs receives the items that are the subject of the return item number in accordance with this policy. Thus, FlexfireLEDs strongly recommends that you track and insure the shipping of the items to be returned.
A restocking fee of 20% will be deducted from the credit for each item returned. Restocking fees must be applied because returned products can no longer be sold as new. This restocking fee will be waived if you accept store credit for the return or request an exchange.
FlexFireLEDs also offers a limited warranty for its products.
All of the content you see and hear on the website, including, for example, the images, graphics, audio clips, video clips, and text (including but not limited to the names FlexFireLEDs, FlexFireLEDs.com, Colorbright, and Ultrabright), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by FlexFireLEDs. FlexFireLEDs reserves all rights with respect to such property.
You may not copy, download, reproduce, distribute, transmit, modify, publish, transfer, or create derivative works from any of the content of the website, any package materials, or any promotional materials without first obtaining written permission from FlexFireLEDs.
Links to other websites are provided for your convenience only. FlexFireLEDs does not make any representations or warranties about any website you may access through this website. Any such website is independent from FlexFireLEDs and FlexFireLEDs has no control over, or responsibility with respect to, the information provided or activities undertaken by such website. Nor does any such link mean FlexFireLEDs endorses such website. You need to make your own independent decisions regarding your interactions or communications with any other website.
FlexFireLEDs has done its best to display as accurately as possible the colors of the products shown on the website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Additionally, some items may appear slightly larger or smaller than actual size due to screen defaults and photographic effects. Other items may be represented at larger than actual size to clearly show details or smaller than actual size to show the entire item.
By accessing this website you agree with Seller that the statutes and laws of the State of California, without regard to conflict of laws, will apply to all matters relating to use of the website and to any orders purchased through the website. You agree that your use is subject to all applicable laws, as governed and interpreted pursuant to the laws of the State of California.
As a visitor to the website, you are responsible for your own compliance with local laws regarding website use and access.
NOTICE OF ARBITRATION AGREEMENT:
This Agreement provides that all disputes between you and FlexFireLEDs will be resolved by BINDING ARBITRATION.
You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).
*Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
* You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
*Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
Additional Details Are in the Section Titled “Agreement to Arbitrate”--Below
Agreement to Arbitrate
In the event of any dispute between you and FlexFireLEDs, such dispute shall be settled by BINDING ARBITRATION in accordance with the rules of the American Arbitration Association (www.adr.org). You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (unless such dispute is eligible for small claims court). In binding arbitration your rights are determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Arbitrator decisions are as enforceable as any court order and are subject only to VERY LIMITED REVIEW by a court. Where reasonable, proceedings shall take place through a desk arbitration, telephone conference, and/or electronic document transmission. If an in-person hearing is required, such hearing shall take place in LOS ANGELES, CALIFORNIA.
The prevailing party in such arbitration shall be entitled to reimbursement of attorneys= fees, costs, and expenses incurred in connection with such arbitration. All decisions of the arbitrator shall be final, BINDING, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to enforce the arbitrator's decision.
Any claim filed in small claims court shall be filed in the Santa Ana branch of the Orange County Court.
Notices sent to FlexFireLED shall only be valid if sent by email (with return receipt confirmation) to: email@example.com or U.S. first class mail or Federal Express to the following address:
FlexFire LEDs, Inc.Returns1501 W. Alton Ave
Santa Ana, California 92704
Should one or several provisions of these Terms and Conditions be or become completely or partially invalid or unenforceable, this shall not affect the validity of all other provisions or agreements thereof.