Terms of Sale
Welcome to www.everyled.com (the “Site”), your source for light bulbs, fixtures, accessories and all related items. These Terms of Service (“TOS” or “Agreement”) are a contract between Monaco Family Enterprises, Inc., d/b/a www.everyled.com, a Michigan corporation with offices at 10651 Northend Ave., Ferndale, MI 48220 (“MFEI,” “we” or “our”) and the customer purchasing one or more products through the Site (“you”).
Electronic Communications. When you visit the Site, place an order (“Order”) for one or more products offered through the Site (“Product” or “Products”), or send e-mails to MFEI, you are communicating with MFEI electronically. You consent to receive communications from MFEI electronically. MFEI will communicate with you by e-mail, through your electronic placement of an Order, or by posting notices on this Site. Although we may also communicate with you through other media (telephone, text messages, U.S. mail and other forms now known or later developed), you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Products and Product Warranties. All Products available for purchase through the Site are manufactured by third parties and not by MFEI. Information about the Products, such as specifications, features, and performance, are provided by the manufacturer.
The warranties for Products are provided solely by the manufacturer. In connection with each Product, MFEI may provide a link to the applicable manufacturer warranty. If such a link is not provided or if for any reason the warranty information is not available, please contact MFEI at email@example.com and we will send you a copy of the manufacturer’s warranty, if any, by email.
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MFEI DISCLAIMER OF ALL PRODUCT WARRANTIES. AS BETWEEN YOU AND MFEI , MFEI PROVIDES THE PRODUCTS “AS IS” and “AS AVAILABLE” WITH NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MFEI DISCLAIMS THE APPLICATION OF THE UNIFORM COMMERCIAL CODE OR OTHER LAWS TO THE EXTENT THEY ARE INCONSISTENT WITH OR CONFLICT WITH THESE TOS.
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Product Returns. Within 30 days of receiving your order, you may return any Product that is unused, unopened, and in its original condition and packaging, for a refund. MFEI reserves the right to refuse returns that do not comply with these requirements. If we have made an error in your order, we will refund to you the shipping and handling charges.
The product to be returned must be in its original, unopened, unused condition and must be complete.
Contact us at 800-496-0887 (Monday-Friday 7:00am-5:00pm ET) or email at firstname.lastname@example.org requesting a return authorization number (RMA).
Write the return authorization number (RMA #) on the original packing slip, or a separate piece of paper with your name, address, email and phone number and include with the return.
Write the return authorization number (RMA #) on the outside of the shipping box.
Ship the item back to EveryLED.
Attn: EveryLED Returns, RMA #
10651 Northend Ave.
Ferndale, MI 48220
When we have received and processed the return, we will issue a credit to the credit card or account used for the original purchase in the amount of the product plus any applicable tax. We refund the original shipping and handling costs only if the return is due to an error that we have made.
SOLE AND EXCLUSIVE REMEDY FROM MFEI. The return options above are the sole and exclusive remedies provided to you from MFEI related to the Products and is in lieu of all other remedies by contract, by law, and at equity.
This does not limit your remedies available from the manufacturer.
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Product Prices. The price for Products are stated in U.S. dollars. The price for an Order will include additional costs, such as taxes, shipping, and handling. The full price of the Order will be displayed to you before you place the Order.
Product Pricing Errors. Despite MFEI's best efforts, some Products may be mispriced. If the correct price of a Product is higher than the stated price, MFEI will, at its sole discretion, either contact you with instructions before the order is shipped, or cancel the order and notify you of such cancellation. If MFEI cancels an order because of a mispriced Product, MFEI will refund the amount paid, if any.
Product Information. MFEI does not warrant that Product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. It is possible that, because of computer error, a database error, or other error, a Product offered on this site may be inaccurately described. In the event MFEI determines that a Product description is or was inaccurate, MFEI reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error.
Use of Site. MFEI does not warrant that this Site or its server will be error-free, uninterrupted, or free from unauthorized access. MFEI shall not have any liability or responsibility for any damage to your computer or data or any other damage you may incur in connection with this Site. Your use of this Site is at your own risk.
Risk of Loss. The risk of loss and title to Products pass to you upon our delivery of your Order to FedEx, UPS, the US Postal Service, or any other carrier.
Responsibility for Use of Products. You are responsible for your use of the Product, including its proper and safe deployment. Please contact the manufacturer of the Product or other qualified technician if you have any questions as to proper use or installation of the Product or if you need additional instructional materials relating to the Product.
Limitation of Liability for Damages. MFEI SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE PRODUCTS. IN NO CASE SHALL MFEI BE LIABLE TO YOU, UNDER ANY THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO, FRAUD, MISREPRESENTATION, FALSE INDUCEMENT, BREACH OF CONTRACT, TORT OR PRODUCT LIABILITY) IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF ANY NONCONFORMING OR DEFECTIVE PRODUCT.
Account Creation. To place an Order, you must first create an account and provide the requested transaction-related information, such as name, credit card and address verification. You represent and warrant that all information (and updated information) provided is accurate and complete. You shall not transfer the account to a third party and shall not enable third party access to the account. You will keep its passwords secure and will notify MFEI of any suspected breach of security relating to your account. You represent and warrant that you are over the age of eighteen (18) years, have the right to transact business in the US and in Michigan and the legal power to enter into this Agreement. MFEI , in the exercise of its reasonable business judgment, reserves the right not to fulfill an Order, terminate accounts, and cancel Orders, without liability to you.
Data. MFEI owns the data generated by use of the Site, including the transactions relating to the purchase of Products. Subject to “Investigations” below, MFEI shall not disclose or sell to any third party data that identifies nonpublic information about you but may use, disclose and sell data used in an aggregate manner that does reveal your nonpublic information.
Integrity of the Site. You shall not interfere with the operation of the Site, attempt to copy underlying technology, upload other computer programs, or use content posted to the Site except as authorized by MFEI. You agree not to use any automated software (crawlers, robots, bots, spiders, extractors, etc.) at the Site; circumvent, disable or otherwise interfere with security-related features or digital rights management functions at the Site; or hack, reverse engineer, or disable any technology at the Site.
Intellectual Property Rights. As between the parties and excluding all third party Products, MFEI retains all intellectual property rights in and to the Site, including trademarks, copyrights, patents, trade secrets, knowhow, and data rights. MFEI grants no license to use such intellectual property rights.
Termination of Agreement. In the event of a material breach, response to legal process, concern for the integrity of the Site, reasonable suspicion of improper conduct at the Site, or other good faith belief, or alteration of its business model, MFEI may in its sole discretion suspend or terminate an account, limit services to which an account holder has access, or terminate this Agreement. Either party may terminate this Agreement if there is a material breach by the other that is not cured within five (5) business day after receipt of written notice of such breach. Prior to termination, you are responsible for ensuring that you have possession of all data and information relating to your account with MFEI and your purchase of Products. All provisions of this Agreement which, by their nature survive termination (by way of example intellectual property ownership, disclaimer of warranties, and limitations of liability) shall survive any termination of this Agreement.
Place of Business. The Site and the commercial transactions relating to the Products are deemed to be located in and delivered from Ferndale, Michigan. This Agreement is entered into, performed in, and based in the city of Ferndale, County of Oakland, State of Michigan, USA. Neither this Agreement, nor the Site, nor the sale of Products gives rise to personal jurisdiction over MFEI , either specific or general, in jurisdictions other than Michigan. This Agreement shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and MFEI that arises in whole or in part from the Products, Site, or this Agreement shall be decided exclusively by a court of competent jurisdiction located in (or having jurisdiction over) Ferndale, Michigan as set forth below, “Arbitration; Venue for Dispute Resolution.”
Arbitration; Venue for Dispute Resolution. The parties shall attempt to resolve any disputes through good faith business negotiations. All disputes or claims arising out of or relating to this Agreement, or the breach thereof, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Ferndale, Michigan, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys’ fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator’s award shall be brought only the U.S. Court for the Eastern District of Michigan, Southern Division, or the Circuit Court for the County of Oakland; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys’ fees and expenses in connection with any such motion to enforce the arbitration award.
No Implied Waiver. No waiver by MFEI shall be implied. Any waiver of any term of this Agreement must be in writing and signed by an officer of MFEI .
Severability. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the intent of the parties set forth in such portion and only to the extent necessary to make it enforceable. The remaining provisions of this Agreement will remain in full force and effect.
Statute of Limitations. Any litigation or other dispute resolution arising out of or related to this Agreement must be commenced within one (1) year after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.
International Considerations. MFEI makes no representations that the Site or the proposed commercial transactions are appropriate or available for use in locations other than the United States. Those who access or use the Site from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws.
Assignment. MFEI may assign, subcontract, delegate, and transfer its rights and obligations under this Agreement to a third party.
Notices. MFEI may provide notices, including those regarding changes to this Agreement, by email, first class mail, and postings to the Site. Notice is deemed given upon the earlier of (a) actual receipt (including electronic communications and communications via social media), (b) twenty-four (24) hours after an email is sent, (c) three (3) days after first class mail is deposited with the U.S. Postal Service, or (4) five (5) days after a notice is posted to the Site.
Force Majeure. It shall not be a material breach of this Agreement, and neither party shall be liable to the other, if prevented from performing its duties or responsibilities under this Agreement by reason of any fire or other casualty, acts of God, earthquake, floods, explosions, interrupted power supply, sabotage, war, riots, acts of terrorism; inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market; strikes, court orders, laws, regulations, or orders of government or military authorities; or any other cause not within the control of such party whose performance is delayed.
Effective Date. This Agreement is effective on the date last signed. You “sign” and accept this Agreement by completing the checkout process.