TERMS AND CONDITIONS POLICY
For the purpose of the Terms and conditions set forth below, Christmas Lights Canada is expressed and identified as “company” and the products and merchandise of and Christmas Lights Canada are expressed and identified as “merchandise”
1.0 RETURN POLICY
Christmas Lights Canada -“company” products- “merchandise” are considered seasonal products and therefor any returned products under the following conditions will at the sole discretion of the company will apply. If for any reason the purchaser decides to return the company merchandise, a 50% restocking fee will be applied and the balance applied as a store credit for Christmas Lights Canada merchandise only. Returned merchandise must be in its original unopened and unused packaging. The customer will incur any freight charges or other costs associated.
No merchandise returns or exchanges will be accepted without prior written authorization. Return and exchange requests will only be accepted for credit if submitted and approved within 30 days of receipt of product or merchandise. No merchandise will be accepted for return or exchange after 30 days of receipt of the product.
Any merchandise either marked down or on sale, are considered Final Sale.
2.0 DELIVERY
2.1. Christmas Lights Canada shall not be liable for any delays, loss or damage during transit.
2.2. Unless otherwise agreed in writing by the parties, Christmas Lights Canada shall deliver the Goods to the Buyer’s place of residence/business, as provided by the Buyer (the “Delivery Point”), using Christmas Lights Canada’s standard methods for packaging and shipping such Goods. Additional fees may apply if delivery drivers are requested to assist in unloading (i.e. pulling apart pallets, unloading by hand, etc.).
2.3. Christmas Lights Canada may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfilment of Buyer’s order.
2.3. Christmas Lights Canada may also send an email notification to the Customer/Recipient that the goods have been sent and may also provide a tracking number and/or a tracking link of the Courier used.
2.5. If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to Christmas Lights Canada’s notice that the Goods have been delivered at the Delivery Point, or if Christmas Lights Canada is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations:
a).risk of loss to the Goods shall pass to Buyer;
b). the Goods shall be deemed to have been delivered; and
c). Christmas Lights Canada, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance) at an estimated cost of $90 per pallet per week commencing from the date the Goods were ready for domestic shipping.
3.0 NON-DELIVERY
3.1. The quantity of any instalment of Goods as recorded by Christmas Lights Canada on dispatch from Christmas Lights Canada’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
3.2. Christmas Lights Canada shall not be liable for any non-delivery of Goods (even if caused by Christmas Lights Canada’s negligence) unless Buyer gives written notice to Christmas Lights Canada of the non-delivery within TEN (10) days of the date when the Goods would in the ordinary course of events have been received.
3.3. Any liability of Christmas Lights Canada for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
3.4. Buyer acknowledges and agrees that the remedies set forth in Section 3.0 are Buyer’s exclusive remedies for the delivery of Non-Conforming Goods. Except as provided under Section 3.3, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Christmas Lights Canada
4.0 WARRANTY
All Christmas Lights Canada products are considered to be seasonal products and therefor subject to a limited warranty period of 120 days from date of receipt of merchandise. A proof of receipt of merchandise must be provided for warranty acceptance.
In the event that the company merchandise is determined to be defective in materials or workmanship within the 120 day warranty period, Christmas Lights Canada, will replace the product upon meeting the following criteria:
Obligation under this warranty is limited to replacement or repair of any part found to be manufacturers defect for a period of 120 days from at the discretion of the manufacturer Christmas Lights Canada which will inspect all returned products for misuse and or damage prior to replacement of product
All items not specifically listed are covered by a one season (120 day) warranty, commencing on the date of receipt of the merchandise.
Labor to install or remove and cost of shipping and other unforeseen expenses are not included in this warranty and are expressly in lieu of all other warranties expressed or implied. Bulb burnouts or electrical damage caused by the buyer or weather elements, or damage caused by rough handling, or transit are not covered by this warranty. Therefore, merchandise should be inspected and tested for bulb outage upon delivery and prior to installation. All merchandise is carefully inspected before packing and is packed in an approved manner in approved cartons when it leaves the warehouse.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY GIVEN BY CHRISTMAS LIGHTS CANADA WITH RESPECT TO THE PRODUCTS AND THE SOLE REMEDY FOR ANY AND ALL CLAIMS, IN CONTRACT, IN TORT OR OTHERWISE ARISING FROM THE FAILURE OF PRODUCT AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. PURCHASER’S EXCLUSIVE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY AS EXPLICITLY SET FORTH HEREIN. UNDER NO CIRCUMSTANCES SHALL CHRISTMAS LIGHTS CANADA AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH A DEFECTIVE PRODUCT, IN CONTRACT, TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL CHRISTMAS LIGHTS CANADA BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR COMPENSATORY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL. This limited warranty is in consideration of and is strictly subject to and conditioned by the terms set forth herein.
Please note: mini lights with male/female plug ends are rated for outdoor use, but are not waterproof. Therefor if using the mini light strands where they may be exposed to damp environments, it is recommended to use strands with Coaxial connections. It is also not recommended to connect more than 5 strands in series on a single receptacle.
5.0 ACCEPTANCE OF MERCHANDISE
All claims of merchandise delayed, lost, or damaged in transit are the responsibility of the consignee/customer. When accepting a shipment, claims of any missing cartons or visible damage must be noted on the delivery driver’s bill of landing or the receipt of delivery. All claims must be filed with the delivering carrier. Failure to properly file claims may result in refusal of the claim by the carrier.
All orders including custom cable lengths including but not limited to C9/G30 socket cables and AC power cords are measured and verified, before shipping out.
6.0 DISCLAIMERS
Christmas Lights Canada will not replace or issue credit for any product that has been misused, mishandled or improperly installed, as determined by our inspection upon return. In the event that an inspection of products or installation is required or requested, there will be a minimum $250 cost plus travel time at an additional $75 per hr per person plus any other additional unforeseen costs associated with the inspection including but not limited to tools, man lifts etc. payable prior to inspection. Christmas Lights Canada is not responsible for replacement or credit of any Christmas Lights Canada products once the specified warranty period expires. Christmas Lights Canada products must be installed by a qualified installation person(s).
7.0 ON-SITE AND PRODUCT INSPECTIONS
In the event that an inspection of products or installation is required or requested, there will be a minimum $250 cost plus travel time at an additional $75 per hr per person plus any other additional unforeseen costs associated with the inspection including but not limited to tools, man lifts etc. payable prior to inspection.
Christmas Lights Canada reserves the right to modify its policies from time to time and any modifications shall be effective immediately and will supersede any previous stated policies.
