(B) SITE CONTENT
Unless otherwise noted, all materials, including, but not limited to, photographs, caricatures, illustrations, designs, icons, articles, text, audio clips, and video clips (collectively, the "Content") on this site are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by Solar Illuminations. The site as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by Solar Illuminations or its suppliers. The Content and software on this site may be used only for conducting business between you and Solar Illuminations on this site. Any other use, including the reproduction, modification, creating derivative works, distribution, transmission, display, or performance, of the content on this site is strictly prohibited. Solar Illuminations and other graphics, logos, service marks, and trade names used on this site by Solar Illuminations are the trademarks of Solar Illuminations or its suppliers and may not be used without permission in connection with any third-party products or services or in any manner not permitted in Solar Illuminations trademark use policy, which may be promulgated from time to time. All other trademarks, service marks, and trade names (including third party product names) used on this site are the property of their respective owners.
(C) USER SUBMISSIONS
Solar Illuminations reserves the right to edit and post the questions or comments you submit to Solar Illuminations along with their answers without revealing your full name, e-mail address, or phone number. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. All communications, comments, feedback, suggestions, ideas, and other submissions submitted to Solar Illuminations (collectively, "Submissions") shall be and remain Solar Illuminations property with all worldwide rights, titles and interests in all copyrights and other intellectual property in the submission assigned Solar Illuminations.
(D) INFORMATION, SUGGESTIONS, ADVICE
Users who seek, consume, or otherwise use advice from experts, articles or other text, communications with Solar Illuminations employees, or communications with other users do so of their own volition and at their own risk. Solar Illuminations will have no obligations with respect to the information, suggestions or advice offered by any party. Installation and/or removal and/or use of any product sold by Solar Illuminations is at the risk of the installer and/or customer and/or user.
(E) DOING BUSINESS WITH SOLAR ILLUMINATIONS AND OTHERS AT THIS SITE
Except where otherwise indicated. if this site offers you the opportunity to purchase goods or services, you are doing business with Solar Illuminations which is a Florida based business and thereby viewing, using or shopping at this web site, the user consents to the exclusive jurisdiction and venue of any State or Federal court in Lee County, Florida, USA and to the exclusive laws of Florida. This site is primarily for use by Florida residents only and therefore any shopping conducted by any user outside of Florida (including any orders shipped to an address outside of Florida), hereby agrees that the transaction shall be governed by and construed in accordance with the laws of the State of Florida, without regard to the laws regarding conflicts of law. In the unlikely event of any litigation regarding our Terms, Conditions, Policies, any product or any transaction (between the customer and Solar Illuminations), shall be bought in the State or Federal courts located in Lee County, Florida, USA and the customer hereby agrees and submits to such jurisdiction and venue as proper.
(F) LINKS TO OTHER WEB SITES
Links on this site to other web sites operated by third parties are provided solely as a convenience to you. If you use these links, you will leave this site. Solar Illuminations has not reviewed the third party sites and is not responsible for any of those sites or their content. Thus, Solar Illuminations does not endorse or make any representations about them, or any information, software, products, or other materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.
(G) USER COMMUNICATIONS
Solar Illuminations may, but is not obligated to, monitor or review any areas on this site where users transmit or post communications to or through this site or communicate with other users of this site (including but not limited to chat rooms, bulletin boards, user forums) and the content of any such communications. Solar Illuminations, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. You are solely responsible for all Content that you post, email or otherwise transmit via this site. Solar Illuminations does not control the Content posted, emailed or otherwise transmitted via this site and, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using this site, you may be exposed to Content that is offensive, indecent or other violation of individuals' or proprietary rights. Under no circumstances will Solar Illuminations be liable for any Content posted, emailed or otherwise transmitted via this site.
Solar Illuminations may, at its sole discretion, take any action as Solar Illuminations in its sole discretion deems necessary if Solar Illuminations believes it may create liability for Solar Illuminations, its suppliers, or its partners, including, but not limited to removing any user Content, immediate termination of service, if a user's conduct fails to confirm with the letter or spirit of these terms and conditions.
You agree to protect, defend, indemnify, assume any liability, save and hold harmless Solar Illuminations, its agents, subsidiaries and affiliates, officers, directors, employees, insurers, and its successors and assigns, from and against any allegations, claims, demands, lawsuits, liabilities, penalties, recalls or product corrective actions, losses, damages, charges, settlements, judgments, costs and expenses (including attorneys' or expert fees incurred), which may be imposed upon, incurred by, asserted against, or awarded against Solar Illuminations, relating to products or services supplied as advertised at this web site and/or supplied from this web site, including but not limited to all liabilities arising out of, or allegedly based on: (i) Solar Illuminations acts or omissions, or negligence, defects, or failures to warn, label or disclose associated with any Product; (ii) breaches of warranty (express or implied); (iii) Liabilities arising out of allegations or violations of local, state, federal or international regulations concerning Solar Illuminations Products; (iv) Legal proceedings connected with any Liabilities or Product regularity action, or arising out of any actual or alleged violation with respect to any international, federal, state or local treaty, law, statute, ordinance, administrative order, rule, regulation or regulatory proposition, enactment or resolution, including Laws and Environmental Laws; and (v) Liabilities based upon any claim of patent, trademark, copyright, trade dress infringement or any other violation of a third parties proprietary or contract rights.
You further agree to indemnify and hold Solar Illuminations, and its subsidiaries, affiliates, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of this site, any Submission you post, email or transmit to or through this site, your violation of the T.&C., or your violation of any third party rights.
(I) DISCLAIMER OF WARRANTIES
this site is provided by solar illuminations on an "as is" basis. Solar illuminations makes no representations or warranties of any kind, express or implied, as to the operation of this site, its contents, or any information made available on this site. Except as expressly stated otherwise, solar illuminations makes no representations or warranties of any kind, express or implied, as to materials, products or services offered on this site. Solar illuminations disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, title, fitness for a particular purpose and non-infringement with respect to all of the foregoing. Furthermore, solar illuminations does not warrant the accuracy or completeness of the information at this site. Solar illuminations may make changes to the information at this site, including to the products and prices described at this site, at any time without prior notice to users of this site. Information at this site that is periodically updated may not be current at the moment you visit this site and may contain errors. Solar illuminations does not warrant that any use of this site will be uninterrupted, secure or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
(J) LIMITATION OF LIABILITY
in no event will solar illuminations, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever including but not limited to direct, indirect, incidental punitive and consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, the materials or information contained at any or all such sites, or the materials, products or services offered on this site or sites linked to this site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In no event will solar illuminations or any other party involved in creating, producing, or delivering this site be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon information provided through this site. The aggregate liability of solar illuminations, or any of its suppliers or other third party vendors, arising from or relating to this agreement (regardless of the form of action or claim, e.g. contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to the purchase price of any products you purchased in the relevant transaction. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Solar illuminations shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of this web site or any of our advertisements.
Solar Illuminations reserves the right to restrict access to this site to any user, and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to this site by any person, including persons who previously had access.
Every effort is made to ensure that the information given, at this site, is accurate, but no legal responsibility is accepted for any errors and omissions, including, but not limited to, typographical errors. Any sizes, dimensions, operating hours and light output levels given, at this site, are approximate. A product, given a typical 'application' or 'use', at this site, may be as an example only. Manufacturers regularly update their products and make minor modifications; therefore specifications may change, without notice. All product codes and product names shown, are the product codes and product names that Solar Illuminations uses to identify and/or advertise a product and do not necessarily represent a product code or product name that the manufacturer of the product may use or label as. Solar Illuminations does not typically, use manufacturer's codes or manufacturer's product names.
These T.&C. shall be governed by and construed in accordance with the laws of the state of Florida as it is applied to contracts entered into by residents of the United States of America. If any provision(s) of these T.&C. are found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Solar Illuminations failure to exercise or enforce any right or provision of these T.&C. shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Solar Illuminations in writing. You and Solar Illuminations agree that any cause of action arising out of or related to these T.&C. or this site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in these T.&C. are solely used for the convenience of the parties and have no legal or contractual significance.
For the purpose of internet law jurisdiction, outside of the State of Florida but within the USA, Solar Illuminations does not: conduct 'paid' advertising, through non-internet media; have any sales representatives or agents; specifically market any of its products to any particular US State; utilize the services of any manufacturer or supplier; use any computer server other than the service provided by A.A.A. in Colorado.
Solar Illuminations takes charge-backs from the credit card industry seriously and makes every effort to comply with the rules and regulations set out by the credit card provider, banking institutions and the FCBA. However, a chargeback does not give the right for a cardholder to fail to comply with any terms, conditions or policies to which were agreed to. Although we receive a few charge-backs annually, the majority are successfully defended. The costs associated with defending a chargeback are passed directly back to the cardholder. In the event of chargeback (credit card charge reversal) being successfully defended by Solar Illuminations, the customer accepts and agrees to being charged a minimum $100.00, (depending upon the complexity of the case) to cover the costs charged to us by our bank, administration and (if applicable) all attorney's fees, expenses and associated costs. In the event that the chargeback claim is taken to tribunal, the customer accepts and agrees to being charged a minimum $1000 (depending upon the complexity of the case) to cover the costs charged to us by our bank, the credit card issuer and (if applicable) all attorney's fees, expenses and associated costs. In the event of litigation being bought against Solar Illuminations for whatever reason, if successfully defended, the customer accepts and agrees to pay for all attorney's fees, court fees, postage, travel and all other associated costs and expenses.
Within 14 days (from date of invoice), a PRODUCT may be returned for exchange (or for refund where permitted) subject to the PRODUCT being in its new and unused condition. It must be 100% complete with all parts, instructions and undamaged packaging, exactly as originally supplied, and so that it is fit for resale. Sorry but we are unable to refund or exchange 'used' or 'installed' PRODUCTS. All returns must be pre-authorized (please call us for an RMA number and return instructions). The return must be received within 14 days of being authorized and we recommend that appropriate shipping insurance is obtained because we are not responsible for any loss or damage of a PRODUCT being returned. Except for warranty claims, failure to request a return after 14 days (from date of invoice) will be deemed to be permanent acceptance of the PRODUCT. Do not attempt to return a PRODUCT without a valid RMA number clearly displayed on the shipping carton as it will not be accepted and will result in being returned to the sender at the sender's expense. All returns must be shipped in a separate, appropriate shipping carton with suitable packing materials to avoid damage. A PRODUCT shown at our web site identified in the specifications or elsewhere as "Special Order" or "Non-Returnable" or "Non-Refundable" cannot be returned for refund including (but not limited to) all Christmas light strings, light bulbs and batteries.
Shipping costs are not refundable and Solar Illuminations does not arrange or pay for shipping of any PRODUCT being returned unless we have shipped an incorrect PRODUCT, in error, then we will arrange for pre-paid return shipping. For warranty repairs. a technician fee may apply for inspection, handling, return shipping of a PRODUCT that is returned reported as 'faulty' but has no faults found. Shipping costs to/from an international address are the responsibility of the customer regardless of the reason for the return. If a PRODUCT is found to be faulty within the warranty period, it will be repaired or replaced, at our discretion. New and unused returns that are approved to be refunded are subject to a 25% restocking fee. The restocking fee applies to shipments that have been refused, shipments that have not be delivered and orders that have been cancelled after being shipped. Refunds are usually processed within 14 business days from the date returned. Solar Illuminations reserves the right to refuse any non-compliant return and ship the PRODUCT back to the customer (at the customer's expense) thereby refusing the repair, replacement, exchange or refund, where the customer has failed to comply with our Terms, Conditions and Policies. We are not responsible in any way, financially or otherwise, for the installation and/or re-installation of any PRODUCT or any other consequential loss.
If a product is supplied with a manufacturer's warranty, then you may be required to contact the manufacturer directly, in the event of any problem. You will need to follow the manufacturer's procedures regarding any warranty claim. A limited amount of PRODUCTS offered, are non-returnable, such as (but not limited to) special orders, batteries, light bulbs, spare parts, Christmas LED string lights, solar panels, street lights etc. These PRODUCTS are 'all sales final' and are not eligible to be returned for refund and can only be returned if the PRODUCT is defective which (if under warranty), upon inspection & testing is found to be defective, the PRODUCT will be repaired or replaced (at our discretion) with an identical PRODUCT.