Term & Condition

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Kommercial Lighting Inc. is committed to ensuring that we offer our service proficiently, timely and as efficiently as possible. Please read these Terms and Conditions of sale carefully; Your access to and order of our products (by engaging Kommercial Lighting Inc. in its businesses) is conditioned on your acceptance and compliance with these Terms. 

• All business transactions between Kommercial Lighting Inc. and the Customer will be solely based on contractual agreement and services offering obligations, and will be limited to the purpose of service delivery, and that no partnership or joint venture is intended or implied by either party.
• ​You represent and warrant that none of the following infringes any intellectual property right: your provision of information to us, and our use of such content (including of works derived from it) in connection with the Services.
• ​​The Contract is personal to you and cannot be transferred without prior Written consent from Kommercial Lighting Inc., which will be subject to our acceptance under no obligations.
• ​Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Kommercial Lighting Inc. shall be subject to correction without any liability on the part of Kommercial Lighting Inc.

These Terms & Conditions of Sale are contained directly and/or by reference in Kommercial Lighting Inc. offer, order acknowledgment, packing slip, and invoice documents. The first of the following acts constitutes an acceptance by Kommercial Lighting Inc. All orders are subject to acceptance in writing by Kommercial Lighting. Any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Provisions contained in Customer’s purchase documents that materially alter, add to, or subtract from the provisions of these Terms & Conditions of Sale are not a part of the Contract.

The whole or any part of an order may be cancelled only with the prior written consent of Kommercial Lighting Inc. Such consent may be subject to payment of reasonable cancellation charges in an amount determined by Kommercial Lighting Inc. Please note that “Non-Cancelable/Non-Returnable products” or "Non-Standard Products" are exempt from Customer cancellation rights. Kommercial Lighting Inc. may cancel all or part of any order prior to delivery without liability if the order includes any Products that Kommercial Lighting Inc. determines cannot be supplied and/or may not comply with export, safety, local certification, or other applicable compliance requirements. Customer requests to reschedule are subject to acceptance by KOMMERCIAL LIGHTING in its sole discretion. Orders may not be canceled or rescheduled after the order has been submitted by KOMMERCIAL LIGHTING to the shipment carrier. We may, in our exclusive discretion, limit or cancel quantities purchased per person, per customer or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use 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 billing address/phone number provided at the time the order was made.

Products are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.

Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation.

Also, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion.

When you place an order through the Website, we will send an email to confirm that we have received the order. All orders are subject to these terms and conditions. Orders placed through the Website represent an offer to purchase a product. It is accepted for each product when we send you an email to confirm that the order has been received. We reserve the right to reject any order for any reason.

It is important that you enter the correct e-mail address when placing your order. We also recommend that you save your order confirmation email to facilitate any contact with customer service or for future references. The order confirmation (receipt) also serves as guarantee of proof of purchase.

All orders are subject to product availability. If we are unable to supply any products that you have ordered, we will inform you as soon as possible. If we cannot fulfill the order, we will refund any payments we have received from you as soon as possible and within 14 days.

Your satisfaction is our top priority. If for any reason you are not entirely satisfied with your purchase, or you received a defective product and you wish to make a return for a full exchange or refund, please contact us for a Return Materials Authorization Number and instructions before sending the item back to us. We will not acknowledge or accept any returned items that were sent back by you directly without contacting a Kommercial Lighting representative for a Return Materials Authorization Number and addressing instructions prior to making a return. A Return Materials Authorization Number must be requested within 30 days of the original purchase date, and will be issued at the sole discretion of Kommercial Lighting. When returning items please make sure all original tags are attached, the items are in the original packaging, and in resalable condition. Any returned items that do not meet the aforementioned requirements will not be acknowledged or accepted. Any ESD sensitive product returned that has not been handled properly will not be eligible for credit.

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• Delivery and handling charges are non-refundable (if applicable) when returning for a refund.
• Please allow 7 business days for your return to be processed. Once your return is processed, you will receive an email confirmation.
• Our return policy is valid for 30 days only. If 30 days have gone by since your delivery, unfortunately we can’t offer you a refund or exchange.
• Delivery date and time of your exchanged product may differ depending on where you are situated.
• Only products originally shipped from Kommercial Lighting or from a supplier at Kommercial Lighting’s direction (drop-ship) can be returned to Kommercial Lighting.
• When returning products to Kommercial Lighting the Customer certifies that the products were purchased from Kommercial Lighting Inc. and there has been no substitution in whole or part of same product from another supplier, distributor, or other source of the product.

These products are listed as final sale. Only regular priced items may be returned, exchange or refund, unfortunately final sale items cannot be returned or exchange. THERE ARE NO REFUNDS ON FINAL SALE ITEMS. Seller will always notify Buyer of a product that is Non-Cancelable/Non-Returnable upon determining that an order requires such conditions of sale. Buyer understands that " Non-Cancelable/Non-Returnable" products are obtained by Kommercial Lighting from the manufacturer specifically for the buyer.

NOTE: IF YOU SEND US AN ITEM THAT IS NOT ELIGIBLE FOR AN EXCHANGE OR REFUND, WE WILL NOT OFFER AN EXCHANGE OR REFUND YOU. SHOULD YOU CHOSE TO HAVE AN ITEM INELIGIBLE FOR A REFUND OR EXCHANGE SENT BACK TO YOU, WE WILL SEND THE ITEM BACK TO YOU ONLY AFTER ANY SHIPPING, HANDLING, AND DELIVERY COSTS ARE PAID. IT IS YOUR RESPONSIBILITY TO THOROUGHLY READ THE RETURN POLICY. IF YOU ARE UNSURE IF YOUR ITEM QUALIFIES FOR EXCHANGE OR RETURN, PLEASE CONTACT US BY PHONE OR EMAIL PRIOR TO SENDING IN YOUR ITEM.

• Prices and payment details of products and service delivery will be specified in the service contract, quote or on the website. 
• Prices of products are shown in the currency mentioned on the store are shown exclusive of VAT, import duties and other government-imposed taxes, duties, and levies. Other tax, fees and levies will be detailed in the invoice.
• The customer will pay the amounts by the payment conditions stated in the quote/Invoice prior to the delivery of the product by Kommercial Lighting Inc.
• Payment can be made by credit card, Debit card, and/or as further described on the website and/or in the invoice.
• The User guarantees that the information submitted when using the Service, including without limitation, its payment details, shall be complete, correct, truthful and up to date.
• If User fails to meet its payment obligations Kommercial Lighting Inc. is (also) entitled to cancel its service delivery obligations to the Client without notice and any liability to the Client. In this case.
• During the period of validity indicated in the offer for the Service, the prices of the Service will not be increased. After such period, Kommercial Lighting Inc. is entitled to adjust its price for the Service, including but not limited to monthly subscription fees.

Please verify shipping, billing and email information is correct before submitting payment. Lost packages due to INCORRECT OR INCOMPLETE ADDRESSES PROVIDED BY THE CUSTOMER during purchase is not the responsibility of Kommercial Lighting Inc.  All returned packages due to an invalid address we will be reshipped and all shipping fees are at the expense of the customer. Refunds or replacement product will not be issued if returned packages are not received by Kommercial Lighting Inc. All shipping cost and sales tax are at the expense of the customer. Undeliverable packages due to Kommercial Lighting Inc.’s error will be reshipped at the expense of the company.

A delivery/collection note signed by you is proof of delivery/collection of the goods. We shall reasonably endeavour to deliver the goods on the date stated in the order acknowledgement, but such dates are reasonable estimates only and the time for delivery shall not be of the essence.

We will not be liable to you for any unforeseeable loss, damage or expense you suffer which arises directly or indirectly from any delay in delivery of the goods which arises from circumstances outside of our control. our delivery team will aim to contact you 24-48 hours before the date of delivery.

In the event that the Kommercial Lighting Inc. is unable for any reason to fulfil any delivery of the goods on any estimated delivery date Kommercial Lighting Inc. shall not be deemed to be in breach of contract or have any liability to the Customer. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. If you fail to take delivery of the goods or we cannot deliver them because you fail to give adequate instructions, permission and/or access, our responsibility will end on the agreed delivery date and you will pay our reasonable costs (including insurance) of storage until actual delivery.

We will not be liable for any loss, damage, costs, expenses or liability you incur arising out of any infringement of any intellectual property right of any other person or any claim of illegality resulting from our use of any specification, materials, or information supplied by you.

We will not be responsible for loss of or damage to the goods arising from fair wear and tear, willful damage caused by you or any third party, accident or negligence by you or any third party, use of the goods other than as recommended by us, failure to follow our instructions, or alteration or repair carried out without our approval.

Our liability for defective goods will be limited at your option to (a) replacing the goods or (b) rectifying such defects at our own expense 

Kommercial Lighting Inc. agrees to transfer to Customer whatever transferable warranties that Kommercial Lighting Inc. receives from the manufacturer of Products sold to Customer. We therefore underwrite in no pledge or represent or warrant that your use of the products will be uninterrupted, timely, assured, secure or error-free. in particular, Kommercial Lighting Inc. makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose or use or respecting infringement. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and Kommercial Lighting Inc. remedies with respect to defective or nonconforming products, are solely and exclusively as stated herein. Furthermore, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident, modification, or has been soldered or altered in any way.

INDEMNIFICATION

You agree to indemnify, protect and hold harmless to Kommercial Lighting Inc. and personnel, interns and employees, harmless from any claims, demand, losses, liabilities and expenses related to the services provided by Kommercial Lighting Inc. to the clients under this agreement including without limitation claims made by any third-party due to any infringement of any law or the rights of a third-party, which is related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided.

SEVERABILITY

In the case that any provision of these Terms and Conditions is discovered to be unlawful, null or unenforceable, such provision shall notwithstanding be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be viewed to be cut off from these Terms and Conditions, such determination shall not affect the credibility and enforceability of any other remaining provisions.

FORCE MAJEURE

Kommercial Lighting Inc. will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Kommercial Lighting Inc. time for delivery or performance will be extended by the period of such delay or Kommercial Lighting Inc.  may, at its option, cancel any order or remaining part thereof, without liability by giving notice to Customer.

Waiver

· Should any provisions of these terms and conditions be held by a competent authority to be invalid or unenforceable in whole or in part then the validity of the remaining provisions shall not thereby be affected.

· If we do not fully exercise one or more of our rights under these Conditions, this does not prevent us from exercising any other rights in future and will not constitute a waiver.

· Any waiver of terms and conditions will be valid officially only if it is communicated to you in writing.

GOVERNING LAW  

These Conditions and the Contract are governed by United States laws.

THIRD PARTIES TERMS

Kommercial Lighting Inc. may disclose the User's Personal Data and/or Content, or other data relating to the use of the Service, to third parties where it believes, in good faith, that it is necessary to comply with a court order, ongoing judicial proceeding, criminal or civil subpoena, or other legal process or request by law enforcement authorities in ( the United States), or to exercise its constitutional rights of defense against legal claims.

CHANGES TO THIS TERMS

Kommercial Lighting Inc. reserves the right to modify the above terms and conditions at any point of time, including the time of an ongoing contract. Changes in the terms and condition will be notified to the clients through the appropriate channel.