1. Applicability and Contract
1.1 These terms of sale (“Terms”) are the terms which govern the purchase of the products by you from EverLighten, Inc. (“EverLighten”) via EverLighten’s website http://www.EverLighten.com (“Products”). These Terms comprise the entire agreement between you and EverLighten in connection with the Products. and supersede any other understandings, agreements, representations and warranties and communications.
1.2 By placing an order you are offering to purchase the relevant Product on and subject to these Terms. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and EverLighten will not be formed until EverLighten sends you confirmation by e-mail that the Products which you ordered have been dispatched to you. Only those Products listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed under these Terms.
1.3 All Products ordered by you must only be purchased for your internal and personal purposes, and not for any other purpose (such as commercial use).
2. Cancelling an Order and Returning Products
2.1 If you are not satisfied with your Product, you may return the relevant Product within 30 days of the original purchase date.
2.2 All return Products must be in new and unused condition (except to the extent the Product was defective when received), in original packaging, and must be returned to EverLighten within 30 days of the original purchase date of the Product. You should pack the Products securely so that they are not damaged during shipping – EverLighten is not responsible for lost or damaged Products in transit. After EverLighten has received your returned Product, if the Product is returned because it is defective or because the wrong Product was sent to you, EverLighten will, at its option and sole discretion, refund you the price of the Product via the original payment method or such other method agreed between the parties or send you a replacement Product. If the Product is returned for any other reason, provided you have complied with all return-requirements set out in this paragraph, EverLighten will refund you the price of the Product via the original payment method less outbound freight via the original payment or such other method agreed between the parties. If you wish to replace a non-defective Product, a new Product will be sent to you after the defective Product is received, only if you have properly placed a new order for the new Product in accordance with these Terms.
2.3 EverLighten may reject any order or cancel any purchase of Products at any time in the following cases, subject to any applicable refund: (i) the Products are not available/not in stock; (ii) the data you provide to EverLighten in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by EverLighten’s security systems; (iv) EverLighten has reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the Products; or (vi) EverLighten cannot deliver the Products to the address you have provided.
3. Title and Risk of Loss. Title and risk of loss passes to you upon delivery of the Products at the Delivery Address. This means you will be responsible for any subsequent damage, loss or destruction to the Products delivered to you.
4. Information about our Products.
4.1 EverLighten tries to make sure all descriptions of the Products and listed prices are accurate and correct. However, mistakes do happen and EverLighten will try to resolve any errors in information as soon as reasonably possible and if EverLighten thinks that such an error has affected your order EverLighten will make all reasonable efforts to notify you via the contact information provided by you and give you the option of reconfirming your order at the correct price or description (as applicable) or cancelling it. If EverLighten is unable to contact you EverLighten will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a refund.
4.2 You acknowledge and agree that (i) the colors of Products as shown on the website will depend on many factors, including your display settings and the device you are using to view EverLighten’s website; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; and (iii) pictures and images on the Website are for illustration purposes only. EverLighten reserves the right to adjust prices, Products and special offers at our discretion.
5. Price and Payment Terms
5.1 You agree to purchase the Products from EverLighten at the prices specified on EverLighten’s website on the date you place your relevant order, including any shipping prices (“Prices”).
5.2 Unless otherwise specifically specified by EverLighten, the published Prices applicable to the Products are exclusive of shipping prices, which will be separately specified during your checkout process. All published Prices applicable to the Products are also exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by you. You will be responsible for all such charges, costs and taxes but you will not be responsible for any taxes imposed on, or with respect to, EverLighten’s income, revenues, gross receipts, personnel or real or personal property or other assets.
5.3 When placing an order for Products you are responsible for ensuring that all details you provide to EverLighten are true and accurate, that you are an authorized user of the credit or debit card or such other authorized payment account used to place your order and that there are sufficient funds to cover the cost of the Products.
5.4 EverLighten may offer discount or promo codes from time to time; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. Only one code can be used per order and use of such codes are subject to any other terms and conditions specified by EverLighten when those codes are made available to you. A promotion code can’t be used after an order has been placed.
5.5 After receiving your order EverLighten carries out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Products will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
6. Limited Warranty.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, EverLighten MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
7. Limitation of Liability
7.1 IN NO EVENT WILL EverLighten BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR IN CONNECTINO WITH ANY BREACH OF THESE TERMS OR ANY ACT OR OMISSION BY EverLighten OR ITS PERSONNEL, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
7.2 YOUR EXPRESS RIGHT TO RECEIVE A REFUND OR REPLACEMENT PRODUCT UNDER SECTION 3ABOVE CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DEFECTIVE OR WRONG PRODUCTS SENT TO YOU OR ANY PRODUCTS THAT HAVE BEEN INACCURATELY DESCRIBED OR PRICED ON EverLighten’S WEBSITE.
7.3 IN NO EVENT WILL EverLighten’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH TO TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF ANY AMOUNTS PAID TO EverLighten BY YOU FOR THE RELEVANT PRODUCTS SOLD UNDER THESE TERMS.
7.4 The limitation of liability set forth in above will not apply to death or bodily injury directly resulting from EverLighten’s acts or omissions.
Delay in EverLighten’s exercising or failure to exercise any right or remedy under these Terms will not constitute a waiver of EverLighten’s rights and remedies under these Terms.
9. Force Majeure.
EverLighten will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms, when and to the extent such failure or delay is caused by or results from acts or circumEverLightens beyond the reasonable control of EverLighten including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. Governing Law.
All matters arising out of or relating to these Terms is governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
11. Submission to Jurisdiction.
Any legal suit, action or proceeding arising out of or relating to these Terms will be instituted in the federal courts of the United States of America or the courts of the State of California in each case located in the county of Los Angeles, in the state of California, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
EverLighten may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when EverLighten posts them, and apply to all purchases of Products thereafter. You should check these Terms every time you make a purchase of Products so you are aware of any changes you. No other changes to these Terms will be binding or enforceable unless agreed in writing between each party’s authorized representative.
If any term or provision of these Terms is held to be invalid, illegal or unenforceable in any jurisdiction, the invalidity, illegality or unenforceability will not affect any other term or invalidate or render unenforceable such term in any other jurisdiction.