VOLT® Lighting Terms & Conditions
Note: By placing an order with VOLT® Lighting you agree to our Policies, Terms, & Conditions.
The following terms and conditions constitute a binding agreement between you and LLW Enterprise, LLC and are referred to herein as either ‘terms and conditions’ or ‘this agreement’ for purposes of this agreement LLW shall be referred to as seller. Please read the terms and conditions of this agreement carefully before accepting below. Buyer’s purchase of the products is expressly conditioned on acceptance of the following terms and conditions. Buyer accepts the following terms and conditions by making a purchase from, or placing an order with, seller for products or shopping on any seller website. The following terms and conditions shall apply to all purchases and orders, whether made via email, verbal (by telephone) or by written orders sent by buyer to seller, notwithstanding any conflict with the terms and conditions of any order or other instrument provided by buyer to seller; such terms and conditions of buyer are hereby rejected by seller and shall not be incorporated into this agreement. The following terms and conditions are subject to change without prior notice, except that the terms and conditions posted hereon at the time buyer makes a purchase or places an order will govern unless otherwise agreed in writing by seller and buyer.
Installation of Products
Buyer expressly acknowledges and agrees that if it is necessary to perform any work on any line voltage for use of Seller's Products, Buyer will have a qualified, licensed electrician perform the line voltage work. Any installation of the Products by someone other than a qualified, licensed electrician shall be performed by Buyer at Buyer's own risk and liability. Seller will not be held responsible for or accept or assume any liability in connection with any line voltage work for use of the Products, the electrical installation or modification of any of its Products, or injuries or damages incurred in connection with the foregoing. The installation of the Products must be in compliance with all local, state, and federal laws, rules, codes, and regulations. Buyer shall be solely responsible for compliance with such laws. Any improper installation and/or modification of the Products can cause serious harm possibly resulting in death or personal injury. Buyer should consult with a qualified, licensed electrician who adheres to and accepts all responsibility for electrical installations in compliance with all applicable local, state, and federal laws, rules, codes, and regulations. SELLER SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLERS PRODUCTS. The information on Seller's website regarding installation of the Products is for demonstration/education purposes only and is not intended for use by anyone other than a qualified, licensed electrician. Without limiting the foregoing, Seller does not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current. Seller disclaims any liability as to the accuracy or completeness of such information. Seller assumes no risk or responsibility for Buyer's use of any of the content provided on this website. Under no circumstances shall Seller be liable for any direct or indirect losses or damages arising out of or in connection with the use of the information on this website.
Limited Warranty
The warranty guarantees that products will be free of defects in material and workmanship when the products are installed, operated, and maintained according to applicable codes and regulations, supplied instructions, and under conditions of ‘normal use’ – for the time periods defined below.
Warranty Periods*
* Warranty periods for "Residential" refer to all properties that are single- or multi-family dwellings of 3 stories or less. All other properties are "Commercial".
All warranty periods are subject to the limitations and conditions described below.
Visit our "warranty" page for details
Limitations and Conditions
- Warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, improper packaging of Products returned to Seller, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair by someone other than Seller.
- Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered, is the application of DC (direct current) power when AC (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers.
- Warranty does not cover ‘Acts of God’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, and other extreme weather events.
- Warranty does not cover water damage to Products (not specifically sold as Underwater Products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows.
- Transformers must be installed according to provided instructions – evidence of improper mounting or wiring voids the warranty. Transformer housings, when mounted on oceanfront properties must be protected from direct contact with salt spray.
- It is normal for natural brass and copper finishes to patina, oxidize, and change colors. It is also normal of other types of finishes such as powder coatings to discolor or blister when exposed to sunlight, irrigation systems, reclaimed water, sea water, acid rain, and other sources of aggressive agents. These coatings may also be affected by physical factors resulting in damage to the coatings. These changes are not covered by warranty. Warranty does not cover normal patina or discoloration of finishes on fixtures, including residue build ups from outside contaminants, as this is normal for natural metals and part of the authentic beauty of solid brass and copper in outdoor environments. Our solid brass and copper fixtures can be cleaned with metal cleaner for those customers who have hard water stains or do not like natural patina.
- These warranties extend only to the Product ownership by the original purchaser and are void when the original purchaser ceases to own the Product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise.
- These warranties do not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced Product.
- If a Product is covered under any of the foregoing warranties, such Product will be replaced or repaired, or, at the Seller's sole option, the purchase price will be refunded.
- The foregoing warranties are exclusive and in lieu of all other warranties. Seller makes no representations or warranties except as expressly set forth herein. Seller expressly disclaims all other representations and warranties, express or implied, including, but not limited to, any supplier or distributor of Seller that modifies or amends this limited warranty.
Filing a Claim
If the buyer suspects that a product is defective, then the following steps must be followed:
Visit our "warranty" page for details.
FOB
The sale takes place FOB VOLT® Warehouse. The customer is purchasing goods at our location. You may pick them up at our warehouse in Lutz, FL, Henderson, NV, Harrisburg, PA, Dallas, TX or elect to have us forward your goods to you. If you want your goods shipped to you, we are only responsible for the goods until they leave our warehouse and your shipper picks them up. The customer is paying for the shipping and paying for us to ship the goods via your preferred shipper (we usually default to UPS). Any problems with delivery should be directed to your shipper. If we have a tracking number we will furnish it to you to assist you in communicating with your shipper.
California Proposition 65
WARNING: Chemicals known to the State of California to cause cancer, birth defects or other reproductive harm may be present in products sold here. Wash hands after use.
Limitation of Liability
The foregoing limited warranty provides the buyer's sole and exclusive remedy relating to seller's products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, seller shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if seller has been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (B) any claims, demands, or actions against buyer by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of seller's products; (D) any loss or claims arising out of or in connection with buyer's implementation of any advice, recommendations or instructions by seller based on, resulting from, arising out of or otherwise related to the products.
Returns
Products may be returned only with the prior written consent and authorization of Seller, which may be withheld by Seller for any reason. Buyer must call Seller's Customer Service Department to obtain a return authorization number. All returned Products MUST receive a return authorization number from Seller prior to return shipment. Returns of product must be received by Seller within 30 days of the product shipment date in order to avoid a restocking charge. Products may be returned only if unmarked, unopened, in the original sealed packages and in all respects, resalable. Seller reserves the right to reject any product returned more than 30 days after the invoice date. Buyer will be responsible for return freight. Buyer shall be responsible for any freight loss or damage during return.
Typographical Errors
In the event that any of Seller's Products are mistakenly listed at an incorrect price, Seller reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.
Governing Law and Jurisdiction
The validity, interpretation, construction, and enforcement of this Agreement are governed by the laws of the State of Florida, excluding the laws of that jurisdiction pertaining to the resolution of conflicts with other laws of other jurisdictions. Buyer consents to the personal jurisdiction of the state and federal courts having jurisdiction over Hillsborough County, Florida, consents and agrees that the proper, exclusive, and convenient venue for every legal proceeding arising out of this Agreement is Hillsborough County, Florida, and waives any defense, whether asserted by motion or pleading, that Hillsborough County, Florida is an improper or inconvenient venue.
Complete Agreement
This Agreement records the final, complete, and exclusive expression of the understanding between the parties with respect to the matters addressed in it and supersedes any prior or contemporaneous agreement, representation, or understanding, oral or written, by either of them, including any written instruction manuals or other terms and conditions on Seller's website.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.voltlighting.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.voltlighting.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.voltlighting.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.voltlighting.com products) shall be in the state or federal courts located in Hillsborough County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.voltlighting.com products) must be commenced within one (1) year after the claim or cause of action arises. www.voltlighting.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.voltlighting.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.voltlighting.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.voltlighting.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.voltlighting.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.voltlighting.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.voltlighting.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.voltlighting.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.voltlighting.com may link to sites operated by third parties. However, even if the third party is affiliated with www.voltlighting.com, www.voltlighting.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.voltlighting.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.voltlighting.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.voltlighting.com. The collective work includes works that are licensed to www.voltlighting.com. Copyright 2003, 2011 www.voltlighting.com, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.voltlighting.com or purchasing www.voltlighting.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.voltlighting.com or to purchase www.voltlighting.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.voltlighting.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of www.voltlighting.com used in the site are trademarks or registered trademarks of www.voltlighting.com including VOLT®, AMP®, Hammer®, and Landscape Lighting World®
Email Opt-In
VOLT® Lighting (voltlighting.com) aka ‘seller’ primary method of communication with the buyer will be done electronically through email. Buyer opts-in to future communication from the seller regarding products purchased, changes in service, news of new products and important information that may affect the buyers future use of existing products and/or services. Email opt-out can be done at anytime via the unsubscribe link found in every automated email delivered by VOLT® or by calling customer service at (813) 978-3700.
For a complete list of all warranty terms please visit our warranty page.
SMS/MMS Mobile Message Marketing Program Terms and Conditions
VOLT® Lighting (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, i f you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of landscape lighting, LED bulbs, grow lights, and accessories.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [email protected]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Lutz, FL before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which VOLT® Lighting’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
