Terms and Conditions of Sale
1. Introduction
These Terms and Conditions of Sale ("Terms") govern all sales of products ("Products") by Luminiz Inc. ("us," "we," or "our") to you, the customer ("you"), through our website, www.luminiz.com("Website"). By placing an order for Products, you agree to be bound by and accept these Terms.
2. Product Information and Availability
We make every effort to display the most accurate product information, including colours, dimensions, and descriptions. However, as we constantly strive to improve quality or ease of installation some minor differences may occur.
All Products are subject to availability. If a Product you have ordered is not in stock, we will inform you as soon as possible and provide a refund or allow you to choose an alternative Product.
3. Pricing and Payments
All prices for our Products are in Canadian dollars (CAD) unless otherwise stated. Prices are subject to change without notice.
The prices listed on our Website do not include applicable sales taxes or shipping and handling charges, which will be added to your total order price at checkout. International orders may be subject to local additional duties outside of our control.
We accept payment via major credit cards and other secure online payment methods as specified on our Website.
We reserve the right to cancel any order if we suspect fraudulent activity or an unauthorized transaction.
4. Order Process and Acceptance
Your order is an offer to purchase our Products. An order confirmation will be sent to your email after your purchase, but this does not constitute our acceptance of your order. The contract of sale is formed when we dispatch the Products and send you a shipping confirmation email.
5. Shipping and Delivery
Shipping costs and estimated delivery times will be calculated at checkout.
Risk of loss and title for Products purchased from us pass to you upon our delivery of the items to the carrier. We are not responsible for lost or damaged items once they are with the carrier
We will use reasonable efforts to deliver Products on time but are not liable for any delays caused by circumstances beyond our control.
6. Returns and Refunds
You may return unused Products in their original condition and packaging within 30 days of receipt for a full refund.
You are responsible for all return shipping costs unless the return is due to our error (e.g., you received a defective or incorrect
Product).
Refunds will be processed to the original payment method within 14 business days of receiving the returned Product. Final sale or clearance items are not eligible for returns.
7. Warranties and Limitation of Liability
Purchase and use of products manufactured, sold, or distributed (the “Product” or “products”) by Luminiz Inc. (“LUMINIZ”) is subject to this Limited Warranty. LUMINIZ disclaims all other warranties except as expressly provided for in this Limited Warranty. If you do not accept the terms of this Limited Warranty, you should not purchase or use LUMINIZ products. Luminiz reserves the right to change or update the terms of this Limited Warranty at any time. LUMINIZ warrants the products to be free from defects in material and workmanship, subject to certain conditions and exclusions, for the following time periods from the date the Product was shipped to the original purchaser. Lighting Fixtures with CETL, CUL, CSA Certification only Finish: 3 years Lighting Fixtures with Energy Star or DLC Certification Finish: 5 years Other Products No warranty Limited Warranty Rights. Under this LIMITED WARRANTY, LUMINIZ obligations are limited to the following: LUMINIZ will replace the Product with the same or when not available a similar product. If Luminiz does not carry the Product, Luminiz will refund the price of the product on a pro rata basis based on the remaining warranty period or replace it with a newer model, in Luminiz sole discretion. Any warranty claim must be accompanied by the Product for which claim is being made so that Luminiz has the reasonable opportunity to inspect the Product and obtain information about its use. Warranty coverage will be extended where LUMINIZ inspection discloses any such defects occurring with normal usage and within the applicable time period above, all subject to the conditions and exclusions below. Limitations and Exclusions. The following costs, expenses and damages are not covered by the provisions of this Limited Warranty: (i) labor costs including, but not limited to, such costs as the removal and reinstallation of Product; (ii) shipping and freight expenses required to return Product to LUMINIZ. All warranties only apply to the original purchaser and original installation of Products. This warranty is not transferable. The provisions of this warranty do not apply to Products: (i) used in commercial applications; (ii) used for purposes for which they are not designed or intended; (iii) which have been subjected to alteration, abuse, misuse, negligence or accident; (iv) which have been improperly stored, installed, maintained or operated; (v) which have been used in violation of written instructions provided by LUMINIZ; (vi) which have been subject to improper temperature, humidity or other environmental conditions; or (vii) which, based on LUMINIZ's examination, do not disclose to LUMINIZ satisfaction non-conformance to the warranty. (vii) was installed not by a qualified electrical professional. This warranty does not cover scratches, abrasions, or deterioration due to the use of paints, solvents, chemicals or abrasive cleaning techniques. This warranty is void if: (A) The original bill of sale, delivery date, distributor or product number cannot be verified; (B) The parts claimed to be defective are not returned for inspection if so requested by LUMINIZ; or (C) The product is not in the possession of the original purchaser. To obtain warranty service: Contact LUMINIZ through your Dealer, Distributor or Contractor, or by writing LUMINIZ Attn: Customer Service Department, 1 Hafis Road, North York, M6M 2V6. Finish Warranty Exclusions: (A) Outdoor Finishes: Finishes for fixtures installed outdoors are subject to change due to prolonged exposure to sunlight, pollutants and other environmental conditions. Metal finishes on outdoor fixtures will naturally mature over time, changing in appearance and creating a living finish. Painted finishes on outdoor fixtures may naturally fade over time, depending on the fixture's exposure to the outdoor elements. Thus, any claim for fading, discoloration or "patina" of a finish on an outdoor fixture is not applicable to the above warranty. See the "Finish Care & Cleaning" instructions below for proper care and maintenance of your fixture; (B) Coastal and Extreme Weather Environments: The environment within ten miles of a sea coast can be extremely corrosive. Even with the appropriate maintenance, products installed in this environment will typically deteriorate more than products installed in a less severe environment. Some corrosion and/or deterioration is considered "normal wear" in this environment. Installation and use of the products in extreme weather environments (such as extreme cold or heat, winter conditions, or the far north) may not constitute normal use of the products. Any claim for finish failures or for corrosion of other components due to coastal or extreme weather environment conditions is not covered under this Limited Warranty. Finish care and cleaning: Initial care for finishes requires periodic cleaning with a soft cloth, dampened with water or cleaning solutions intended for such use. A mild non-abrasive soap may be used along with soft cloth and water if the fixture. Special care should be taken to avoid abrasive materials and strong cleaning agents as they may destroy the protective coatings and subject the finish to rapid oxidation, discoloration and deterioration. Additional terms: LUMINIZ's maximum liability hereunder is strictly limited to the original purchase price of the Product. No action arising out of any claimed breach of this warranty by LUMINIZ may be brought by the Purchaser or Original User more than one (1) year after the cause of action has arisen. IMPLIED WARRANTIES INCLUDING THAT OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE EXPRESSLY LIMITED IN DURATION TO THE DURATION AND SCOPE OF THIS WARRANTY. LUMINIZ AND/OR SELLER DISCLAIMS ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY CANNOT BE VARIED IN ANY WAY BY DEALER OR DISTRIBUTOR, WHO HAVE NO AUTHORITY TO DO SO OR BIND LUMINIZ IN ANY MANNER. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow limitations on incidental or consequential damages or how long an implied warranty lasts, so that the above limitations may not fully apply to you. Refer to your local laws for your specific rights under this warranty. In such event, LUMINIZ claims the maximum limitation and exclusion of liability as permitted by local law.
8. Intellectual Property
All content on our Website, including text, images, logos, and the descriptions of products, is the property of Luminiz Inc. or its content suppliers and is protected by Canadian and international copyright and intellectual property laws.
9. Governing Law and Dispute Resolution
These Terms and all transactions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes will be subject to the exclusive jurisdiction of the courts of the Province of
Ontario.
10. Contact Information
If you have any questions about these Terms, please contact us at:
Email: info@Luminiz.com
Address: Luminiz Inc., 1 Hafis Road, North York, M6M 2V6