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The documents may be copies for information purposes only, as access to our website gives you a right to private use and not exclusive of this website.
LIMITATION OF LIABILITY
Except as specifically stated on this site, neither LED NXT nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site or products supplied. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic fingerprints of every order placed on this website to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
ONLINE REGISTRATION AND EMAIL MARKETING
You do not have to register to browse our site. However, registration is required to open an account, receive online newsletters, guides and participate in our e-mail marketing. When you register, you agree to the use of personal information such as your name and e-mail address to be be used to deliver our e-mail marketing as requested. We collect the information we need to identify who you are, to provide you with the service or information you requested and/or to facilitate your participation in any special offers, competitions or draws. If you wish to unsubscribe from the LED NXT newsletter/mailing list, please follow this "unsubscribe process".
You may unsubscribe from our mailing list at any time, as required by law, via the unsubscribe options we offer.
PAYMENT AUTHENTICATION(3D SECURE)
Your security is our highest priority, so we offer an additional step to give you peace of mind. Verified by Visa (VbV) and MasterCard®, Secure Code (MSC) (often referred to as 3-D Secure or Payment Authentication) acts like a Chip & Pin for your online purchases and protects you by asking for a secret password. The new step within the payment process allows your card issuer to fully authenticate cardholders during the online purchase, reducing the likelihood of fraudulent usage.
For your peace of mind we do not store credit card details - should you wish to reorder you may do so by re-entering your card details or by signing into your PayPal account.
At LED NXT, you as the customer come first, every single time. Whilst we are more than happy to be able to offer up some rather impressive deals and bargains where prices are concerned, we also understand that a swift and affordable delivery is as, if not more important than the actual standard price of an item.
If you placed an order and want to know its status, please check your email for tracking information. If you need assistance, send us an email.
We make every effort to ship all orders within 24 hours.
We aim to dispatch all orders placed before 3pm (Monday - Sunday) the same day they are received, (subject to stock availability), but during busy periods or if your order contains large items or LED fluorescent tubes, then your order may take 24-48 hours to dispatch.
Orders placed after 3pm will be dispatched on the next business day.
Please note that currently we offer a Saturday and Sunday delivery service in Tri-State (New Jersey –New York and Connecticut) for theorder +$250. Therefore, orders +$250 placed after 1pm on a Friday will be dispatched on the following Saturday.
At LED NXT, we always try to ensure that savings are made on your behalf and as such, in the majority of cases we will use Priority Mail to dispatch our orders, but this is dependent on size and value. Occasionally, if an order is larger or more valuable we will utilize delivery services such as UPS, DHL or LED NXT Express in order to ensure that you receive your items as swiftly as possible. However, should you have any specific requirements, please do not hesitate to get in touch and discuss them with us as we are always happy to find the ideal set up for our customers.
STATEMENT OF WARRANTY
This limited warranty applies to purchases of LED NXT Filament Bulbs, LED NXT Tubes and LED Strip Lights from LED NXT customers.
Except where prohibited by applicable law, this limited warranty applies to these products only if it was originally purchased for your use, and not for resale, from LED NXT or a subsidiary, referred to in this statement as "Subsidiary."
LED NXT warrants that this product:
If this product does not function as warranted during the warranty period, contact a Subsidiary or LED NXT for repair, replacement or refund (at LED NXT' option). This limited warranty period excludes all End of Line and Sale stock items. End of Line products are eligible for 1 year from date of discontinuation. Registrations must still be registered within the correct timeframe, (30 days of date of purchase) to qualify for the promotional warranty.
If you transfer this product to another user, warranty service under the terms of this statement is not available to that user during the remainder of the standard warranty period.
Strip Lights with adhesive backing – LED NXT does not warrant or guarantee that the adhesive backing will stick to all surfaces and are therefore unable to guarantee the performance. LED NXT will therefore not accept returned goods that have had the adhesive strip removed.
In the event of a claim, proof of purchase will be required to validate all periods of cover and to authorize any parts, replacements or refunds required.
LIMITED WARRANTY PERIOD AND EXTENDED WARRANTY PERIOD
The warranty period starts on the date of original purchase as shown on the purchase receipt. The standard warranty period ends 3 years later. Failure to register your purchase will render this offer null and void and a standard 3 year manufacturer's warranty will apply. LED NXT is not responsible for application forms delayed or lost in transit.
By registering this product within 30 days after the date of original purchase, you will receive an additional 2 years extended limited warranty service, which would bring the total period of coverage to 5 years starting on the date of original purchase.
End of Line, Sale Stock and LED Strip Lights are not covered by the extended warranty period.
All of the terms set forth in this Statement of Limited Warranty shall apply with full force and effect to any extended warranty.
LIMITED WARRANTY SERVICE
To obtain warranty service you may be required to present proof of original purchase. You may be required to deliver your product to the Subsidiary or LED NXT, or ship it prepaid (except where prohibited by state law) and suitably packaged to a LED NXT designated location. Unless otherwise prohibited by state law, you are responsible for loss of, or damage to, a product in transit to the Subsidiary or the designated location. When warranty service involves the exchange of a product or part, subject to applicable law, the item replaced becomes the property of the Subsidiary or LED NXT. The replacement may be a new or repaired item. The replacement item assumes the remaining warranty period of the original product.
For further details and explanation of your warranty alternatives, the manner in which you must proceed to obtain execution of your applicable warranty and the nearest LED NXT authorized servicer in your area, contact LED NXT at 1 201 942 0550, or in writing to LED NXT, 366 W. Side Ave # 2G, Jersey City, NJ07305, USA.
EXTENT OF LIMITED WARRANTY
We do not warrant uninterrupted or error-free operation of any product. Replacement is not available to you if the product you present for exchange is:
Also, the product must not be subject to any legal obligations, restrictions, including liens and encumbrances.
To the maximum extent permitted by law, warranty service does not include repair of failures caused by:
SUBJECT TO GOVERNING LAW TO THE CONTRARY, NEITHER LED NXT NOR ITS THIRD PARTY SUPPLIERS OR SUBSIDIARYS MAKE ANY OTHER WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, LEGAL OR STATUTORY, WITH RESPECT TO THIS PRODUCT, AND SPECIFICALLY DISCLAIM THE IMPLIED, LEGAL OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR, GENERAL OR NORMAL PURPOSE, SATISFACTORY QUALITY, DURABILITY AND WARRANTIES AGAINST LATENT DEFECTS. ANY WARRANTIES OR CONDITIONS THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. SUBJECT TO GOVERNING LAW TO THE CONTRARY, NO WARRANTIES, OR GUARANTEES, OR CONDITIONS, EXPRESS, LEGAL, STATUTORY OR IMPLIED, WILL APPLY AFTER THIS PERIOD. [ALL INFORMATION, SPECIFICATIONS, PRICES AND SERVICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUTNOTICE.]
LIMITATION OF LIABILITY
Your sole remedy under this limited warranty is set forth in this document. For any claim concerning performance or non-performance of LED NXT or a Subsidiary for this product under this limited warranty, you may recover actual damages up to the limit set forth in the following paragraph.
To the maximum extent permitted by law, LED NXTs' liability for actual damages from any cause whatsoever will be limited to the amount you paid for the product that caused the damages. LED NXT is not liable for any indirect or consequential losses or expenses suffered by the customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
LED NXT strives to provide its customers with the most accurate information possible concerning the use and installation of its products. However, in all cases it is ultimately the customer's role and responsibility to verify all pertinent information. The customer is solely responsible for all risks relating to or arising from the selection, provision, installation and use of the goods. The customer at all times will be responsible for any additional costs or third party expenses arising from or in connection with the goods or as a result of the provision, installation or use of the goods.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL LED NXT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITIES OR GAINS, LOST SAVINGS, INCIDENTAL DAMAGE, OR OTHER ECONOMIC, CONSEQUENTIAL OR INDIRECT DAMAGES. THIS IS TRUE EVEN IF YOU ADVICE LED NXT OR A SUBSIDIARY OF THE POSSIBILITY OF SUCH DAMAGES. LED NXT IS NOT LIABLE FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM.
LED NXT, US Company sells its products via distance/local selling to consumers (Domestic and International). They do not affect your statutory rights. They are designed to set out clearly LED NXT responsibilities and your rights.
These terms and conditions take into account rights granted to consumers under the Consumer Protection (Distance Selling) Regulations 2000 ('Regulations'), (and with effect from 13th June 2014 the Consumer Rights Directive 2013), where such consumers are contracting via distance selling. As such, if you are not a consumer or if you are a consumer but not buying via distance selling, please note that some of the rights under the Regulations including the right to return does not apply to you. A definition of distance selling is given below at Clause 1.6 but if you are in any doubt as to whether this applies to you please contact LED NXT for clarification.
Please note that these conditions do not apply to Business to Business Contracts.
LED NXT details are as follows:
Lystel Lighting LLC (Company Number 0450097911) whose registered office is at
366 West Side Avenue, Suite 2G, Jersey City, NJ07305, USA
Phone: 1 551 689 0377
Email: [email protected]
In these terms andconditions (hereinafter collectively referred to as "Conditions"):
1.1"Contract" means any contracts made between LED NXT and you forthe sale and purchase of Products from its Website or through distance selling.
1.2 "Order"means any order (whether oral and written) for Products made by you to theCompany including those made through the Website.
1.3"Parties" mean LED NXT and you.
1.4"Products" mean any product, article and/or item which LED NXT sells on its Website.
1.5"Website" means http://www.lednxt.com/store/ or variations to the names of the aforesaid domain names.
1.6 "DistanceSelling" means a method of selling Products other than in person andincludes, but is not limited to, electronic sales, mail order, telephone orfax.
2.1 In these Conditions, references to any statute or statutory provision shall, unless thecontext otherwise requires, be construed as a reference to that statute orstatutory provision as from time to time amended, consolidated, modified,extended, re-enacted or replaced.
2.2 In these Conditions, references to the masculine include the feminine and the neuter andto the singular include the plural and vice versa as the context admits orrequires.
2.3 In theseConditions headings will not affect the construction of these Conditions.
2.4 You agree thate-mail can be used as a long-distance means of communication.
2.5 These Conditions constitute the whole agreement between the Parties but in the event that one ormore of the provisions herein provided for shall be deemed unenforceable thenthe same shall be severed from the Conditions and the remainder of the Conditionsshall remain fully enforceable as hereinafter provided.
3. TERMS OF ACCEPTANCE
3.1 A Contract isformed between you and LED NXT when LED NXT notifies you by e-mailand/or electronically that your Order has been accepted. Your Order will not beaccepted until LEDNXT receives authorization of your credit card payment orsuch other authorization and has had an opportunity to check the details ofyour Order. Such acceptance will be deemed to have taken place when the e-mailleaves LED NXT ISP's Mail Server. LED NXT has absolute discretionto return your payment and decline your Order for any of the reasons set out inthese Conditions or for any other reason it shall deem appropriate.
3.2 LED NXTreserves the right not to accept any Order. You are advised to print off andkeep safe a copy of these Conditions once your Order has been accepted by LED NXT.
3.3 The Parties agreethat the Contracts (Rights of Third Parties) Act 1999 shall not apply in anyContracts.
3.4 Subject to anyrelevant laws and regulation, you agree that these Conditions shall be theexclusive basis on which any Contracts made between LED NXT and you aretransacted and processed unless otherwise agreed in writing by an authorizedrepresentative of LED NXT.
3.5 While LED NXTSTORE tries to ensure that all prices on the Website are accurate, errors mayoccur. If an error is discovered in the price of the Products that you haveordered, LED NXT will contact you to let you know the correct price andask you whether you still wish LED NXT to fulfil your Order at thecorrect price. LED NXT shall be under no obligation to fulfil your Orderfor a Product, which was advertised at an incorrect price. LED NXT shallgive you the option of confirming the Order at the correct price or if you sochoose, to cancel the Order altogether. Where you cancel your Order for whichyou have already paid, LED NXT will refund the full amount to you.
3.6 LED NXT willdo its best to correct errors and omissions as quickly as practicable afterbeing notified or becoming aware of any such error or omission.
3.7 LED NXT willnot keep details of your personal or credit or debit cards after its securepayment-processing provider processes them. You undertake that all details youprovide to LED NXT for the purpose of processing the purchase of yourProducts are correct, that the credit or debit card you are using is your own,and that there are sufficient funds to cover the cost of the Products.
3.8 LED NXTshall not be responsible for any act or omission of any third party provider'sfault, negligence or otherwise that leads to the release of informationpertaining to any payment.
4. REGISTERED USER
4.1 You have the optionto register as a registered user ('Registered User') of LED NXT in orderto complete any Order you make through the Website.
4.2 Upon completingthe relevant registration process, you will be registered as a Registered User(which is free of charge) and be issued with a username and password. Detailsof such username and password will be emailed to you.
4.3 You are solelyresponsible for the security of your username and password and must notdisclose your username and password to anyone. LED NXT shall not beresponsible for checking the identity of the Registered User upon an Orderbeing placed but has absolute discretion to make any enquiries it feelsappropriate to satisfy itself of the validity of an Order, or the identity ofthe Registered User.
4.4 You must inform LED NXT immediately if your username and password have been compromised. Insuch a case, LED NXT will reset your username and password for you. Inthis regard, please contact LED NXT at [email protected] or 1 201 942 0550.
5. PRICE ANDPAYMENT
5.1 Subject toparagraph 3.5, the price of the ordered Products shall be as set out on theWebsite, and is in addition to postage, packing and value added tax (ifapplicable) at the appropriate rates. Unless otherwise agreed by LED NXT,all payments made by check must be in USD. For your own protection, please donot send payment in cash.
5.2 Where Orders aremade through the Website, LED NXT accepts payment through PayPal and SagePay for Visa, Master Card (collectively as 'Credit Cards') and Discovery. Byplacing an order using such Credit Cards you confirm that you are over 18 yearsof age and that you have the authority to use such Credit Cards.
5.3 An Order may alsobe made by telephoning 1 201 942 0550 (between the hours of 07:30am
to 7pm from Monday – Friday and 09 am to 6pm on Saturday and Sunday).
5.4 Where an Order isnot made through the Website, the Order made shall clearly state thefollowing:-
5.4.1 The type of Products; and
5.4.2 The quantities ordered; and
5.4.3 The location where the Products are to be delivered.
5.5 LED NXTshall keep details of all Orders placed, whether by telephone or through theWebsite and in the event of any dispute arising in respect of an Order it shallbe LED NXT records that will be accepted as the true and original termsof the Order. If you are in any doubt whatsoever as to the details of any Orderyou have placed you should immediately contact LED NXT to clarify theterms of any and all such Orders.
5.6 No payment for theProducts shall be deemed to have been received until LED NXT has receivedcleared funds and LED NXT shall retain the legal title to the Productsuntil such time, including the right to resell any Products in the event ofdefault of any payment.
6.1 After an Order isaccepted, the Products ordered will be delivered to the address entered by youwhen placing the Order through whatever method provided for in Clause 5,subject to Clause 3.2 of these Conditions
6.2 LED NXT aimto dispatch Products within 5 business days of receiving cleared funds on anaccepted Order, however, Orders placed during holiday periods will not beprocessed until after the holiday period has ended.
6.3 Delivery of the Products may be carried out by third party couriers and for the avoidance ofdoubt LED NXT shall be under no liability for any delay or failure todeliver the Products except to return the purchase price where a claim for suchdelay or failure is accepted. In some circumstances a longer delivery date willbe agreed between the Parties.
6.4 Unless a longerdelivery date is agreed between the Parties or there is an ongoing disputebetween the Parties, if LED NXT fails to deliver any Order within 30 daysof acceptance of your Order, LED NXT shall refund in full your payment inrespect of such Order and the Order will be treated as cancelled.
6.5 You agree thatrisk of loss or damage of Products passes to you upon delivery of the Order oron the date of the first attempted delivery by LED NXT.
6.6 Please note thatyour Products may be sent to you in instalments. You may cancel your entireOrder if subsequent instalments forming part of your Order are not delivered by LED NXT. In such circumstances you shall return that part of the Orderthat has been delivered, such return being at LED NXT expense.
6.7 If your deliveryaddress is outside the United States, you may be subject to import duties andtaxes, which are levied once a shipment reaches your country. Any suchadditional charges for customs clearance must be borne by you. You should notethat customs policies vary widely from country to country and if you are havingProducts delivered outside the United States LED NXT advises you tocontact your local customs office for further information.
6.8 Please note thatwhen shipping Products internationally, you should be aware that cross-bordershipments are subject to opening and inspection by customs authorities and LED NXT will not be responsible for any loss or damage suffered as a resultof any such inspection or confiscation.
7. LOSS AND DAMAGE
7.1 LED NXT warrants that, at the time of delivery, the Products will, subject as here in after provided, correspond with the description on the Website, will befree from defects in materials and workmanship and will be of satisfactoryquality (within the meaning of the Sale and Supply of Goods Act 1994). Allother warranties are excluded to the fullest extent permitted by law.
7.2 Any claim by youthat any Products ordered fail to correspond with the description on theWebsite or that they are defective or not of satisfactory quality, must benotified to LED NXT by email at [email protected] or by letter tothe trading address immediately upon such alleged defect becoming apparent butin any event no later than 7 days after the date of delivery. If delivery isnot refused or you do not notify LED NXT accordingly LED NXT shallhave no liability for such failure or defect unless such defects are latentdefects.
7.3 If you make avalid and accepted claim under this Clause 7, LED NXT shall replace the Products free of charge or, at your option, refund in full your payment inrespect of such Products.
8. LIMITATION OFLIABILITY
8.1 LED NXT shall not be liable for any fault or defect in respect of the Products if:
8.1.1 Such fault ordefect arose as a result of the Products being improperly used; or
8.1.2 Such fault ordefect was the result of unauthorized modification of the Products without thewritten consent of LED NXT.
8.2 Subject toparagraph 8.1, to the fullest extent permitted by law, LED NXT totalliability in contract, tort (including negligence or breach of statutory duty),misrepresentation, restitution or otherwise, arising in connection with theperformance or contemplated performance of these Conditions shall be limitedto:
8.2.1 in respect ofmatters for which LED NXT does not carry insurance, the price of the Products; and
8.2.2 in respect ofmatters for which LED NXT carries insurance, the insured value.
8.3 In all cases it isultimately the customer's role and responsibility to verify all pertinentinformation. The customer is solely responsible for all risks relating to orarising from the selection, provision, installation and use of the goods.
8.4 The customer atall times will be responsible for any additional costs or third party expensesarising from or in connection with the goods or as a result of the provision,installation or use of the goods.
8.5 Subject toparagraph 8.1, to the fullest extent permitted by law, LED NXT shall notbe liable to you for any indirect or consequential loss or damage (whether forloss of profit, loss of enjoyment, pain, suffering or satisfaction orotherwise), costs, expenses or other claims for consequential compensation whatsoever and howsoever caused which arise out of or in connection with these Conditions or any Order.
8.6 The provisions of this paragraph 8 shall survive the termination of these Conditions and/or anyOrder.
8.7 For the avoidanceof doubt the exclusions and limitations of liability set out in this paragraph 8 shall be considered severally. The invalidity or unenforceability of any oneof these clauses shall not affect the validity or enforceability of any otherpart of this paragraph 8.
9. CANCELLATION& RETURNS POLICY
9.1 LED NXT cancellation & returns policy, which is in compliance with the Consumer Rights Directive 2013, is as follows:
9.1.1 Within fourteendays beginning with the day of delivery of any product you may exercise yourright of cancellation in respect of such product by sending us written notice of cancellation by emailing [email protected]
9.1.2 You must promptly return the products to LED NXT at your cost and in any event no later than fourteen days from the date of cancellation.
9.1.3 LED NXT will refund your payment for such product including any standard delivery costfrom LED NXT to you.
9.2 Where the product, once returned by you, is damaged or not complete, LED NXT reserves the right to commence legal proceedings against you for any loss suffered by LED NXT.
9.3 Any returns made after fourteen days will be dealt with in accordance with our published returns policy.
10. DATA PROTECTION
LED NXT isregistered with the Data Protection Registrar. LED NXT will only use yourdata for its own marketing purposes unless you have opted out from receivingsuch communications by writing to us at our trading address listed at thebeginning of these Conditions. LED NXT will not communicate your detailsor sell them to a third party except as may be required by law.
By placing an order with LED NXT via the Website you confirm that you hold the copyright orpermission from the copyright holder in any and all files or hard copy that isbeing transmitted or sent to us for subsequent printing. You also agree to indemnify LED NXT from all claims and proceedings for breach of copyright resulting from such files or hard copy.
Any communication between the parties shall be by e-mail or first class post to each party's current e-mail or postal address (as given on the website at the time of such communication) or the e-mail or postal address given in your Order (or any new e-mail or postal address which you may have notified to LED NXT).
13. AMENDMENTS TO THESE CONDITIONS
13.1 LED NXT reserves the right to vary these conditions at any time but, in respect of any order placed, the terms which apply shall be those when you placed your order.
13.2 When LED NXT amends these Conditions, LED NXT will publicize such amendments onthe Websites' home pages). For users placing Orders or registering on theWebsite for the first time, all Orders made on or after the date that theamended terms are placed on the Website onwards will be governed by suchamended terms and conditions. In addition, such changes will be effectiveagainst existing registered users thirty days following posting of the amendedversion on the Website. Your continued use of the Website following LED NXT posting of any changes will constitute your acceptance of such changes.If you do not agree to any changes to these Conditions, please do not continue to purchase products on the LED NXT Website.
14. LAW AND JURISDICTION
These Conditions shallbe governed by and construed in accordance with the laws of United States andthe Federal Courts shall have jurisdiction.
By placing an order, you confirm that you have read and accept these Conditions, such acceptance toconstitute full agreement to be bound to all the Conditions as set out above.
Whilst these may sound like some rather picky rules and stipulations, they also go a long way to ensuring that you receive the very best items in the best condition. Thanks to our price match guarantee, a visit to lednxt.com/store will always result in a saving, but there are other potential benefits to be enjoyed here at ourspecialist LED and lighting website.
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