Terms of Service
This website is operated by ELIOS Lamps, LLC. Throughout the site, the terms “we,” “us,” and “our” refer to ELIOS Lamps, LLC. ELIOS Lamps, LLC offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and involve:
(a) Transmissions over various networks; and
(b) Changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. However, we cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis.
We also reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address.
If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card details (e.g., expiration dates), to complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which tools are provided by the relevant third-party provider(s).
In the future, we may offer new services and/or features through the website (including releasing new tools and resources). Such features and/or services will also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials and websites, nor do we warrant or have any liability for any third-party content, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send specific submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, ‘comments’), you agree that we may, at any time, without restriction:
- Edit, copy, publish, distribute, translate, or otherwise use any comments you forward to us in any medium.
We are under no obligation to:
- Maintain comments in confidence.
- Pay compensation for comments.
- Respond to comments.
We may, but are not obligated to, monitor, edit, or remove content we determine at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or in violation of intellectual property rights or these Terms of Service.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, or personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive, or obscene material, or any harmful software (e.g., viruses). You may not use a false email address or mislead us or others about the origin of your comments.
You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to it for details.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service containing typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions in these Terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose.
- To solicit others to perform unlawful acts.
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- To infringe upon our intellectual property or that of others.
- To harass, abuse, harm, or discriminate based on protected characteristics.
- To submit false or misleading information.
- To upload or transmit malicious software.
- To interfere with the security features of the Service or related sites.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service and all products provided through it are offered “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee uninterrupted, secure, or error-free use of our Service.
In no case shall ELIOS Lamps, LLC, its directors, employees, affiliates, agents, contractors, or service providers be liable for damages, including but not limited to lost profits, data loss, or any indirect, incidental, or punitive damages.
If any jurisdiction does not allow such limitations, our liability will be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ELIOS Lamps, LLC, its affiliates, employees, and agents, from claims, liabilities, and expenses arising from your breach of these Terms or your violation of any law or rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms is deemed unlawful or unenforceable, that provision will be enforceable to the fullest extent allowed by law, and the unenforceable portion will not affect the validity of the remaining provisions.
SECTION 16 – TERMINATION
These Terms remain in effect unless terminated by you or us. You may terminate by ceasing to use our Service. We may terminate if we suspect a breach of these Terms.
SECTION 17 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and ELIOS Lamps, LLC, superseding any prior agreements.
SECTION 18 – DISPUTE RESOLUTION & GOVERNING LAW
These Terms are governed by the laws of Naples, FL. All disputes will be resolved through binding arbitration per AAA Rules, except as otherwise noted.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time. Continued use of the Service constitutes acceptance of any changes.
SECTION 20 – CONTACT INFORMATION
For questions about these Terms, contact us at info@elioslamps.com.