Terms and Conditions Of Sale
All sales by LUSA, LLC, a California limited liability company (“LUSA”), to customers (“Buyer”) are made subject to these Terms and Conditions of Sale (hereinafter “Agreement” or “Terms and Conditions of Sale”). LUSA expressly rejects any different or additional terms and conditions contained in any documents submitted by Buyer. LUSA’s provision of credit, acceptance of any purchase order and/or sale of any Goods are expressly made conditional on Buyer’s assent to these Terms and Conditions of Sale. After placing an order, Buyer will receive an email confirming the order (the “Email Confirmation”). Buyer is responsible for checking its order confirmation email thoroughly. If there are any errors or changes, please contact LUSA immediately. Changes cannot be made once an order has shipped. All orders by Buyer for lighting products (“Goods”) may be accepted only upon issuance of the Email Confirmation. Buyer acknowledges that he/she/it has read these Terms and Conditions of Sale, understands them and agrees to be bound by them.
1. Except as otherwise agreed in writing and wet-signed by both Buyer and LUSA, the applicable LUSA sales order Email Confirmation, together with these Terms and Conditions of Sale constitute the entire agreement between LUSA and Buyer relating to the sale of such Goods by LUSA. Terms or conditions contained in any document issued by Buyer that in any manner purport to alter, modify, change, suspend or add to any term or condition contained herein shall be deemed excluded from such Buyer document and waived by Buyer. Buyer expressly agrees that LUSA may modify these Terms and Conditions of Sale from time to time, and such modifications shall be binding upon Buyer.
2. The purchase price of the Goods shall be as stated on the face of the applicable LUSA sales order Email Confirmation. LUSA may, in its sole discretion, add a surcharge to the price of Goods predicated upon any increase in the cost of raw materials or energy. Such surcharge may be adjusted by LUSA periodically to reflect a change in such costs. LUSA accepts Visa and Mastercard, American Express only. Credit card transactions are processed online through a secure third-party processor. Please refer to our Privacy Policy for more information. LUSA accepts payment solely in U.S. Dollars only. LUSA reserves the right to request further identification at any time and to cancel orders if the requested information is not promptly provided or if LUSA is not satisfied with any of the information provided.
3. Buyer cannot modify, cancel or otherwise alter orders without LUSA’s prior written consent. All order cancellations must be sent via email to the following address: support@lusalighting.com. Any such cancellation, modification, or alteration shall be subject to conditions as specified by LUSA at such time, which shall include protection of LUSA against any losses or additional costs or expenses.
4. LUSA uses good faith efforts to update our product availability as quickly as commercially possible. However, sometimes items sell out between the time Buyer is viewing the website and the time Buyer places an order. If items are sold out or if there are unreasonable delays in filling Buyer’s order, LUSA will use commercially reasonable efforts to notify Buyer of such an event.
5. If Buyer has instructed LUSA to send the Goods to an address other than Buyer’s billing address, both addresses will appear on the Email Confirmation. Buyer is responsible for entering the correct shipping address. LUSA is not responsible for incorrect or incomplete delivery addresses. If Buyer does not receive an Email Confirmation, it may have entered an incorrect email address. Please contact LUSA immediately, and LUSA will correct the email address and send Buyer a copy of its order and its order number.
6. All shipping charges are to be paid by Buyer unless otherwise agreed by LUSA. Any employee of Buyer signing any delivery document provided by LUSA shall be deemed fully authorized on behalf of Buyer to sign such document. Neither freight charges nor tax is subject to any discount. Risk of loss or damage in transit shall be borne by Buyer, and all claims shall be made directly with the carrier. Buyers shall indemnify, defend and hold harmless LUSA from against any claims, damages or liabilities suffered by LUSA relating to or resulting from any acts or omissions of the carrier.
7. Delivery dates are approximate. LUSA shall not be responsible for non-shipment of Goods or delays in delivery or performance due to any cause beyond LUSA’s reasonable control, including, but not limited to, acts of God; acts of Buyer; governmental orders (e.g., pandemic restrictions); strikes or other labor disturbances; LUSA’s inability to obtain, or material increases in the cost of, fuel, raw materials or parts; delays in transportation; repairs to equipment; fires; or accidents. Acceptance of Goods upon delivery shall constitute a waiver by Buyer of any claims for damages on account of delays in delivery or performance.
8. LUSA strives to ensure that our products are described accurately on our website. However, mistakes are sometimes made, and LUSA does not guarantee or warrant that the descriptions are accurate. When LUSA becomes aware of an inaccuracy, it will strive to correct the inaccuracy as soon as commercially reasonable. Inaccuracies on LUSA’s website do not provide any additional representations or warranties, express or implied, regarding the Goods. Images have been provided for illustrative purposes only, and LUSA does not warrant or guarantee that any image will reproduce in true color or that any given image will reflect or portray the full design or options relating to that Good.
9.All Goods are returnable within forty-five (45) days after their date of delivery. After 45 days, Goods are not returnable for any reason unless covered by LUSA’s warranty. Buyer must ensure it opens parcels immediately and check that all purchased Goods have been included and are undamaged. LUSA uses commercially reasonable efforts to ensure the quality of its Goods before shipping them. If, however, Buyer believes it has received a Good that is faulty or defective, please EMAIL US at support@lusalighting.com or complete the form found HERE within seven (45) days of receipt, describing the details of the purchase (including Buyer’s name, invoice/order number; Good’s name, reason for the return and request for replacement, exchange, credit or refund), and the defect Buyer have observed. LUSA will evaluate the alleged defect or fault, and if LUSA agrees that the Good is faulty or defective (a “product deemed faulty”), LUSA will issue to Buyer a Return Merchandise Authorization (“RMA”) which must be conspicuously written/shown on the outside of the return package.
10. No claim for damages for Goods that do not conform to the specifications for such Goods will be allowed unless LUSA is given (a) immediate notice after the delivery of the Goods to the first destination to which they are shipped, and (b) a reasonable opportunity to inspect them. Goods for which damages are claimed shall not be returned, repaired or discarded without LUSA’s prior written consent and RMA. BUYER’S EXCLUSIVE REMEDY AGAINST LUSA, AND LUSA’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, SHALL BE LIMITED TO LUSA’S REPLACING GOODS THAT DO NOT CONFORM TO SPECIFICATIONS OR, AT LUSA’S OPTION, REFUNDING THE PURCHASE PRICE. IN NO EVENT SHALL LUSA HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE OF THE GOODS SOLD HEREUNDER, NOR SHALL LUSA HAVE ANY LIABILITY FOR LOST PROFITS, OR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE.
11. All taxes of any kind levied by any federal, state, municipal or other governmental authority, which tax LUSA is required to collect or pay with respect to the production, sale, or shipment of Goods sold to Buyer shall be the responsibility of Buyer. Buyer agrees to pay all such taxes and further agrees to reimburse LUSA for any such payments made by LUSA.
12. LUSA warrants that its Goods are free from defects in material and workmanship for a period of 5 years for LED Goods and 1 year for all other Goods.
13. By placing an order with LUSA, Buyer authorizes LUSA to send to Buyer its promotional emails, exclusive sale offers and new product updates from time-to-time. If Buyer do not wish to receive LUSA’s promotional emails, please opt out by clicking on the ‘unsubscribe’ link on the bottom of the newsletter email.
14. By accessing LUSA’s website, Buyer agrees to indemnify, defend and hold LUSA (and its affiliates) harmless from all claims, actions, damages, liabilities, costs and expenses including legal fees arising from or in connection with Buyer’s use of our website, any violation of these Terms and Conditions of Sale or any activity in relation to Buyer’s account by Buyer or any other person accessing the LUSA’s website using Buyer’s account.
15. This Agreement shall be governed by the laws of the state of California. Buyer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts of the state of California for any litigation which may arise out of or be related to this Agreement. Buyer expressly waives any objection based on forum non-conviniens or any objection to venue of any such action. LUSA reserves the right to enforce these Terms and Conditions of Sale at any time and none of them shall be deemed waived or modified unless such waiver or modification is in writing wet-signed by a duly authorized officer of LUSA. All rights and remedies granted herein are in addition to all remedies available at law or in equity. If any provision in these Terms and Conditions of Sale is invalid under Buyer’s local state law, the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these Terms and Conditions of Sale and the remaining provisions will remain in full force and effect.
16. BUYER AGREES THAT THE SALE OF PRODUCTS BY LUSA TO BUYER IS EXPRESSLY CONDITIONED UPON BUYER’S ASSENT TO THE FOREGOING TERMS AND CONDITIONS OF SALE FOR ALL CURRENT AND FUTURE PURCHASES FROM LUSA. BUYER ACKNOWLEDGES RECEIPT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE, WHICH MAY ONLY BE MODIFIED AS PROVIDED THEREIN.
17. LUSA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.