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TERMS AND CONDITIONS

GENERAL TERMS & CONDITIONS

OVERVIEW

This website is operated by Santa Barbara Lighting Company. Throughout the site, the terms “we”, “us” and “our” refer to Santa Barbara Lighting Company. Santa Barbara Lighting Company 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 and 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 which are 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.

RETURNS AND EXCHANGES

Our priority is to deliver a quality product to our customers in a timely manner. Please inspect your purchase immediately upon receipt to ensure the lack of damage, deficiency or inaccuracy in your shipment. If any are found, please contact us at info@santabarbaralighting.com immediately. Claims for damage during transit will not be honored after 48 hours of receipt. Please see Freight Damage for further information. Installation constitutes acceptance. All sales are final, however, we will gladly exchange or provide store credit for non-custom fixtures returned within 14 days of initial receipt. All light bulb sales are considered final. You are responsible for all inbound and outbound shipping costs. Before returning an item, contact us at info@santabarbaralighting.com. Returns sent without prior contact will not be received. Send returns in original packing materials, using extra padding if needed, as we are unfortunately unable to provide exchange or store credit for items damaged in transit. A 40% restocking fee will apply to returned items. Fixtures that have been installed or removed from the original packaging or are otherwise not in their original condition may not be returned.

SHIPMENT

We typically ship ground via common carrier unless otherwise requested. Please determine the appropriate means of shipping, and inform us if an alternate mode is required at the time the order is placed. Shipping charges will be assessed and added to your order at the time of checkout. Orders that are delivered within California will include sales tax (based on subtotal plus s/h charges). Pickup at our Santa Barbara offices is available for customers wishing to avoid shipping and handling charges. Fixtures will be bubble or foam-wrapped and damage liability will end at time of pickup. Please contact us to schedule. Lead times will vary. Larger orders of 10 or more lights may require a longer lead time. Please email us at info@santabarbaralighting.com if you would like to place a larger order and have questions about the lead time.

ONLINE STORE TERMS AND MEMBERSHIP

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). A breach or violation of any of the Terms will result in an immediate termination of your Services Santa Barbara Lighting Company reserves the right to cancel your membership (registration/account) at its discretion, without notice to member. Santa Barbara Lighting Company reserves the right to terminate a membership at its discretion when we feel that the terms are in violation, without notice to member.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including 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 by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if 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, more complete or more 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, necessarily, is not 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.

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 to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

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 Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 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 material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in 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 that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.We reserve the right to refuse any order you place with us. We may, in 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 that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. 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 numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” 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 by you 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 on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

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 and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 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 any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and 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 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, including without limitation, pricing information, 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 in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Santa Barbara Lighting Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Santa Barbara Lighting Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

INTELLECTUAL PROPERTY

Santa Barbara Lighting Company retains copyright and ownership of all quotations, designs, drawings and plans.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@santabarbaralighting.com or can be mailed to 133 East De La Guerra Suite 174 Santa Barbara, CA 93101

WARRANTY & GUARANTEE

We guarantee our products against any defects in craftsmanship or materials for one full year. We take great care in our workmanship, and with proper use and suggested periodic maintenance depending on regional climate conditions and fixture location. We will have sole discretion when deciding to repair or replace defective products. No reimbursement will be made for ancillary charges such as removal or re-installation of item in question. Any approved repair work will be performed in our facility. Damage due to misuse, faulty installation, exposure to weather or other corrosive elements, improper use of light bulbs, incidental or consequential damages (except in states where this is not applicable), improper cleaning and maintenance, and normal wear and tear is not covered. Santa Barbara Lighting Company reserves the right to utilize glass and paint companies in other areas to remedy any non-local issue if necessary. Furthermore, our guarantee does not cover consumable goods, such as light bulbs. If you have a product that falls within the terms outlined above, please contact info@santabarbaralighting.com

ORDERING AND PAYMENT

We guarantee our products against any defects in craftsmanship or materials for one full year. We take great care in our workmanship, and with proper use and suggested periodic maintenance depending on regional climate conditions and fixture location, our products should last a lifetime. We will have sole discretion when deciding to repair or replace defective products. No reimbursement will be made for ancillary charges such as removal or re-installation of item in question. Any approved repair work will be performed in our facility. Damage due to misuse, faulty installation, exposure to weather or other corrosive elements, improper use of light bulbs, incidental or consequential damages (except in states where this is not applicable), improper cleaning and maintenance, and normal wear and tear is not covered. Santa Barbara Lighting Company reserves the right to utilize glass and paint companies in other areas to remedy any non-local issue if necessary. Furthermore, our guarantee does not cover consumable goods, such as light bulbs. If you have a product that falls within the terms outlined above, please contact info@santabarbaralighting.com

ACCURACY OF ORDER

Please review your order/invoice prior to processing to ensure accuracy. Once a customer sends an order for processing and/or signs an invoice, we will not be held responsible for discrepancies or errors in details or quantities.

PRICE AND PAYMENT

Invoices reflect the price of the product at the time the order is received. Prices are subject to change without notice. Santa Barbara Lighting Company will honor prices on written quotes made for whatever reason (including custom work) for 90 days and then only if product is still available. We ask for full payment on orders that are less than $5,000, 50% on orders above $10,000 and full payment is required on all custom commissions prior to start of production. Full or final balance must be paid before delivery, shipment or pickup of an order. All sales are final and payment in full or as a deposit constitutes an order and deposits are non-refundable. Please contact us at info@santabarbaralighting.com for more information. Santa Barbara Lighting Company accepts payment in the form of ACH, check, Visa, MasterCard or American Express. Check must clear before order is processed. All transactions shall be in US Dollars.

Production Lead Times

While our current lead times are listed on our product pages, lead times vary depending on production schedule at our facility, popularity of product, size of order and general complexity of configuration. All quoted ship dates are approximate and are subject to change. Expedited orders can be placed for a charge, in which case ship dates will be guaranteed. Larger orders may take longer. Please email us at info@santabarbaralighting.comif you have any questions regarding lead-times or need your lights by a specific time within the typical lead time.

SHIPPING AND DELIVERY

We typically ship ground via common carrier unless otherwise requested. Please determine the appropriate means of shipping, and inform us if an alternate mode is required at the time the order is placed. Please let us know if there are special instructions (ie. a gated apartment complex or name of contact person if other than purchaser). Shipping charges will be assessed and added to your order at the time of checkout. Orders that are delivered within California will include sales tax (based on subtotal plus s/h charges). Pickup in Santa Barbara is available for customers wishing to avoid shipping and handling charges. Fixtures will be bubble-wrapped and damage liability will end at time of pickup. Please contact us to schedule. Most orders are shipped in 8 to 10 weeks. Larger orders may take longer. Please contact us at info@santabarbaralighting.com if you wish to place an order of 10 lights or more or have questions about shipping. Expedited shipping is available for an extra charge. Please call if you would like to arrange a shipping upgrade. Local, in-home delivery is available on a case-by-case basis, taking into consideration size and price of item/s, scope of service required and desired location. Please contact us for a quote.

DAMAGE DURING FREIGHT

Inspect shipments upon delivery for damage and defect immediately upon receipt and contact us via phone if any is found. We will only honor claims for damage made within 48 hours of delivery. Retain packaging and note visible damage in writing with the shipper. We are not to be held liable for any expenses incurred as a result of installation of defective or damaged merchandise. Our responsibility does not extend to anything beyond the replacement or repair of damaged or deficient items and even then only at our sole discretion. Installation constitutes acceptance.

SITE CONDITIONS

Santa Barbara Lighting Company does not accept responsibility for site conditions or preparations, installation, sealing or refinishing. Please ensure that conditions are suitable to receive shipments. This includes water and weather conditions, as well as improper installation or mounting work.

PRIVACY POLICY

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing: With your permission, we may send you emails about our store, new products and other updates.

CONSENT

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@santabarbaralighting.com or mailing us at: Santa Barbara Lighting Company 133 E De La Guerra Suite 174 Santa Barbara CA 93101

DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. Payment: If you choose a direct payment gateway to complete your purchase, your credit card data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) and stored. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.Links:When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

COOKIES

We utilizes browser “cookies.” Cookies are used for basic non-sensitive information that is critical to shopping cart functionality. Cookies are not used for sensitive information such as a customer’s name or billing information. All sensitive information is stored either in secure browser “sessions” or in the protected database.

AGE OF CONSENT

By using this site, 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.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at info@santabarbaralighting.com or by mail at Santa Barbara Lighting Company 133 East De La Guerra Suite 174 Santa Barbara, CA 93101.