Bulborama.com Online Lighting Store Terms of Sale & Use
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 Bulborama 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.
Bulborama 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. Bulborama reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion.
2. Products: Bulborama.com may discontinue any product at any time without notice. The product prices displayed on this Site are all listed per piece and do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. Bulborama.com distributes lighting products meeting or exceeding national specifications, including many specialty items for commercial and industrial applications.
The terms “Industrial Grade”, “Supra Life”, “Turbo Life”, and “Spectra Brite” are trademarks and/or trade names of Bulborama and/or the respective manufacturers. Many Bulborama.com products are exclusively manufactured by companies who design long life and energy efficient lighting supplies, including Original Equipment Manufacturers (OEM's) who build products exclusively for Bulborama.. Additionally, Bulborama.com distributes products manufactured by GE Lighting, Philips Lighting, Osram, Sylvania Lighting, and other specialty lighting suppliers.
3. Orders: Orders are not binding upon Bulborama.com until accepted. Bulborama.com 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. Payment: Payment can be made with Visa, MasterCard, American Express, Discover, and Diners Club credit cards. Your credit card will be charged when your order is placed. Bulborama.com also accepts Paypal, Google Checkout, and Purchase Orders from corporate/national accounts and customers who have received credit approval. Personal or Business checks, cashiers checks, and money orders are accepted but must be received and cleared by Bulborama and the issuing bank prior to order shipment. To apply for Bulborama.com credit, please call 702-257-1602 or click on the Credit Application link at the bottom of all site pages - then follow the instructions for applying for credit. For customers who purchase on open account, Bulborama reserves the right to add to your monthly balance a service charge of 1/12% per month (18% annual rate) on all amounts unpaid on the first day of the 2nd month following purchase. If the account is placed with a third party for collection, buyer agrees to pay all costs and expenses of collection including the reasonable attorneys fees in addition to the service charges stated above.
5. 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, bulborama.com must collect sales tax for orders shipped to areas in the state of NV.
6. Delivery: If you order by 1 pm Pacific 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. Nearly 90 percent of orders received by 1pm Pacific Time Monday through Friday will ship that day. Upgraded shipping services (Next Day, 2nd Day) are available at an additional charge and should be requested prior to order placement via email or phone. 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. While Bulborama.com will make every reasonable effort to ship your orders within these time frames, Bulborama.com 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, 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 Bulborama.com, including without limitation, power outages or attacks on this Site such as by persons known as "hackers."
7. USA Shipping Rates and International Shipments: bulborama.com will ship to addresses within the contiguous United States for a flat shipping charge of $9.50 for orders totaling $149.99 or less. Due to freight carrier minimum charges for oversize dimensions and extra care required for packaging of fluorescent tubes, an additional freight charge will apply for linear fluorescent bulbs 48" or longer in length, certain Special Order items, and some orders of "less than case quantity" fluorescent bulbs. Customers purchasing fluorescent tubes 48" or longer in length should select the applicable shipping rate during checkout. Orders totaling $1,500 or more will be shipped free of charge within the contiguous United States. Normal delivery times for Flat Rate and Free shipments are 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, bulborama 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."
8. 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 bulborama.com has made no error in merchandizing or shipping.
9. Warranties: ALL PRODUCTS ARE SOLD "AS IS," AND BULBORAMA.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. Additionally, some products are covered by a respective manufacturer's warranty. Warranty periods and services vary by manufacturer and product. Not all products are covered by a manufacturer's warranty. Warrantied 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.
10. Return & Restocking Policy: Bulborama.com 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. Bulborama does not ship products for trial, sample, or consignment. A Restocking Charge of 20% will apply to all items returned where bulborama.com has made no error in merchandizing or shipping. Unauthorized returns made without a Return Merchandise Authorization (RMA) number may be refused and will be assessed a 30% restocking charge due to additional processing required. 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 Bulborama to recoup costs associated with preparing for resale and restock fragile products such as light bulbs. When returning products, please 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, linear fluorescent bulbs 48" or longer in length, Special Order products, orders outside the continental U.S., and shipments delivered via common carrier. Please use the Customer Service link on the website, or call 702-257-1602 to obtain instructions and a Returned Material Authorization (RMA) before returning any product. Bulborama.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.
11. Mistaken and Damaged Shipments: Bulborama.com 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 Bulborama 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 702-257-1602 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 bulborama.com. Bulborama.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.
12. Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, BULBORAMA.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, 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 BULBORAMA.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.
13. 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.
14. Governing Law: These Terms of Sale shall be governed by and construed in accordance with the laws of the State of Nevada applicable to contracts made and to be enforced wholly within the State of Nevada.
15. 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 Clark County, state of Nevada.
16. Jurisdiction and Venue: You and Bulborama.com (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 Nevada located in the City of Las Vegas, County of Clark, Nevada, 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.
17. 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.
19. Questions: For any questions related to these Terms of Sale & Use, please contact us at firstname.lastname@example.org