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 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 hard-to-find and specialty items for commercial and industrial applications. Product images on Bulborama.com are often of the "family" item type and not intended to be construed as an exact cosmetic match to the item you may receive. Website images are not to scale. Light bulb manufacturing characteristics can vary with factories and manufacturing runs. Please review the product detail pages for item specifications. Additionally, individual item images do not reflect specific materials used in the manufacturing of an item. Material specifications can also be found on product detail pages or by contacting Bulborama directly. For additional questions and or specific application needs, customers are urged to contact us prior to ordering at email@example.com or via phone since all website sales are final and no returns or exchanges are allowed.
The terms “Industrial Grade”, “Supra Life”, “Turbo Life”, and “Spectra Brite” are trademarks and/or trade names of Bulborama and/or the respective manufacturers. These trademarks and/or trade names are not necessarily reflective of item packaging, and no specific branding or packaging is guaranteed unless specifically noted in the item listings on Bulborama.com. Packaging and labeling may vary since Bulborama supplies items manufactured worldwide from manufacturing runs over many years. Accordingly, some items may have been packaged and labeled years ago under varying labeling standards and/or marketed for use in different countries or for specific applications. Additionally, item hour ratings, size, wattage, voltage, and usage can vary accordingly due to manufacturing variances, labeling regulations, and brand marketing. Obsolete items may be substituted for shatter resistant versions of same or higher specification items. 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 or private label suppliers. Additionally, Bulborama.com also 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, Diners Club credit cards and other payment providers as listed on our website and offered via our shopping cart checkout page. Your credit card will be charged when your order is placed. Bulborama.com also accepts Paypal 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. For customers who have open account credit terms, 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 11am 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 11am Pacific Time Monday through Friday will ship that day or the following day. Upgraded expedited shipping services (Next Day, 2nd Day Air) are available at an additional charge and must 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, it is not guaranteed. 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, pandemic, epidemic, 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." For some exclusive items, factory direct shipments from overseas (worldwide) warehouses may be utilized at times when USA stock items are backordered and a factory direct shipment can expedite delivery time. Implementation of tariffs, tariff customs compliance documentation, and pandemic closures may result in longer than expected delays at incoming ports of entry, making factory direct shipments more reliable and expedient in certain cases. No express guarantee of time in transit can be made since third party carriers assume responsibility for packages once they take receipt of merchandise.
7. USA Shipping Rates and International Shipments: bulborama.com will ship to addresses within the contiguous United States for shipping charges calculated and displayed during the checkout process. Due to factory minimums, packaging requirements, and freight carrier minimum charges for oversize dimensions and extra care required for packaging of fluorescent tubes, additional freight charges apply for linear fluorescent bulbs, large lamps, certain Special Order items, and some orders of "less than case quantity" fluorescent bulbs. For some mainland USA rural addresses where shipping carriers require additional surcharges for delivery, customers may be notified following initial order acceptance and approval that additional shipping charges are required for delivery. Orders totaling $1,500 or more will be shipped free of charge within the contiguous United States. Normal delivery times for USA shipments are 1 to 7 days. Shipments to Alaska, Hawaii, APO/FPO, other US Territories, Canada, and Mexico will be arranged and additional shipping charges will apply. All orders to receiving addresses outside the continential USA are final and NOT eligible for return or exchange under any circumstances. For customers seeking to have bulbs delivered to all other countries, bulborama may 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.
All products with manufacturers written or expressed warranties will be satisfied, replaced, or credited when products are installed and used according to proper operating procedures and a warranty claim is approved by the respective manufacturer. Warranty periods and services vary by our manufacturing factories and product. Not all products are covered by a factory warranty. When installed properly, all products are warranted for 30 days from the date of purchase regardless of factory warranty. After 30 days, the customer will be charged for replacement shipping. Light bulb hour or life ratings reflect a manufacturer and/or factory testing standard and do not designate any warranty. Please note abuse of product, improper installation, incorrect or reverse voltage, usage on incompatible systems, and power surges invalidate any warranty and is to be determined at our sole discretion. Many products will require return at customer expense for testing by our Quality Control department, or when mandated by the manufacturing factory warranty policy for a specific product. To inquire about possible warranty claims, please contact us via email (firstname.lastname@example.org) with order number, details of issue, and describe your usage application in detail.
10. Return & Restocking Policy:
As of July 1, 2021, all Bulborama.com website sales are final. No returns or exchanges are allowed. Please review your items and quantities for accuracy before submitting your order. If you are unsure about any items or quantities in your order, please contact customer service for assistance prior to placing your order. All Bulborama.com website sales are final once placed. Efforts to contact Bulborama to attempt to cancel orders prior to release to shipping carriers cannot be guaranteed since Bulborama orders are immediately routed to shipping warehouses for prompt processing and shipping. Bulborama does not ship products for trial, sample, or consignment. Any customer refused or undeliverable delivery orders returned to our shipping warehouses may be refused and will incur return shipping costs (in addition to the non-refundable prepaid outbound shipping charges) and a restocking charge of 35%. The restocking fee is not intended to penalize the customer - it allows Bulborama to recoup costs associated with the processing and restocking of items undeliverable to a customer requested delivery address or refused by a customer who previously acknowledged acceptance of this stated no returns policy. 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, fraud, or theft.
11. Mistaken and Damaged Shipments: Bulborama.com will replace an order and absorb any applicable replacement shipping costs if we made an error with merchandising, packaging, or shipping of your order. All damage and missing items must be reported to Bulborama within 72 hours of delivery, otherwise no claims will be approved. This time window is required by our shipping carrier insurance policies for fragile glass items and related lighting products. Please inspect all packages prior to signing for them. If any damage is visible, please accept the package and note damage of each package along with its tracking number with the shipper if possible. Do NOT refuse the package since all packages are insured and it is likely many items in the box will be undamaged. If damage is discovered after unpacking please contact us via email (email@example.com) with order number, details of damage, and images of the damage if possible. For damaged orders, please keep the original box and all packaging materials for possible inspection by the carrier and/or return to Bulborama. Following approved damage claims, Bulborama reserves the right and discretion to either (1) ship replacement items at no cost to the customer or (2) issue item refunds in lieu of replacement. Customers with a preference of replacement or refund as remedy for damage claims must make the request at the time they report the claim.
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