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These terms and conditions are applicable to Fenix Lighting LLC and to orders and sale transactions for products purchased at www.fenixlighting.com.
www.fenixlighting.com is owned by and operated by Fenix Lighting LLC a division of Open Air Brands LLC.
ABOUT THESE TERMS
These terms only apply to purchases made at www.fenixlighting.com. Other web sites on the internet may have different terms and conditions. From time to time Fenix Lighting LLC may change or alter these terms which will be applicable to orders placed on or after the effective date stated in these terms.
Information contained in Fenix® advertising, brochures or other written materials, on Fenix web sites or given to you, is for information only and not an offer by Fenix to supply any products.
BY PLACING AN ORDER FOR PRODUCTS ON WWW.FENIXLIGHTING.COM YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS.
Users to the site can become Website Members by filling out any of the member signup forms. By doing so, a user account is created automatically within the system and a unique password is generated. Your user name is your email address. A user may change that password in the My Account (https://www.fenixlighting.com/my-account/) area of the website.
When creating a new account at checkout, you will be asked to create a unique password at that time, rather than the system generating one for you.
PLACING AN ORDER
To be able to buy products on www.fenixlighting.com you have to:
You may place an order by clicking on the “Add to Cart” button on any product page and then proceed to the cart and checkout page.
To help prevent fraud, all large orders will be verified before they are shipped. Please make sure you have the most reliable contact information included with your order.
You agree that your order is an offer to buy the products listed in your order under these terms. All orders must be accepted by Fenix Lighting LLC. We may choose not to accept abnormal orders and orders which Fenix Lighting LLC suspects are not placed in good faith.
After having received your order, Fenix Lighting LLC will send you an order confirmation via email with your order number and details of the items you have ordered. You will also receive an email notification once your product has shipped along with tracking information for that shipment.
PRICES,TAXES AND SHIPPING/HANDLING CHARGES
The price charged for a product will be the price in effect at the time the order is placed and will be set out in the order receipt and order confirmation emails. Fenix Lighting LLC may change prices at any time without notice. Price increases will only apply to orders placed after such changes.
Fenix Lighting LLC charges sales tax where required by law. If you are shipping to states where sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your Fenix Lighting LLC order. Prices for the products do not include taxes and/or shipping and handling charges.
Separate charges for tax and shipping will be itemized in your shopping cart and on your order confirmation email.
PRODUCT AVAILABILITY, DELIVERY AND CIRCUMSTANCES BEYOND OUR CONTROL
Fenix Lighting LLC does not guarantee the availability of any product on www.fenixlighting.com. Fenix Lighting LLC reserves the right, without liability or earlier notice, to change, discontinue or stop offering any product for sale.
We will provide you with the information on the latest expected delivery date, which will not exceed 30 days unless you specifically agree on a later date.
In case you unreasonably defer delivery or delay the receipt of delivery after we have notified you that we have tried to deliver the ordered items to you, or if you have provided us with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to us.
Delivery options are defined in checkout and may change. Delivery based on the option selected is not guaranteed. If free shipping is available, the method and timing of the shipment is at the discretion of Fenix Lighting LLC.
If the items remain undelivered and are returned to us undelivered, we consider that you have exercised your right to cancel the contract and when we receive the returned delivery package we will refund you in accordance with our return policy less the reasonable additional costs incurred by Fenix Lighting LLC.
Customer desiring to return or refuse delivery will be best serviced by receiving the delivery and following the return instructions included in the package.
Fenix Lighting LLC shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.
PRODUCT AND COMPATIBILITY INFORMATION
When placing your order please ensure that the products you purchased are compatible for the intended use. Please use the information provided at www.fenixlingting.com as reference when checking compatibility. In the event of a difference between www.fenixlighting.com content and any other Fenix web sites (or any other source of information), the compatibility of products as shown on www.fenixlighting.com at the time of purchase will be seen as taking precedence.
Payment shall be made by a credit or debit card and must be approved by Fenix Lighting LLC. Approved credit and debit card types are listed at checkout. You have to supply your payment details when you place your order. Your credit card may not be accepted if: (i) the name on the credit card does not match the billing name given, (ii) the billing address given does not match the bank records or (iii) insufficient available credit. We will not ship your purchase until payment is confirmed.
In case of an AVS mismatch (billing address being rejected by our system), call Accounting at 888-775-9996 Extension 3 to possibly resolve this issue.
RETURNS AND REFUNDS
To return an item purchased at www.fenixlighting.com, you must first contact us at email@example.com or call 888-775-9996 Extension 1 to begin the return process and obtain a Return Authorization (RA) number.
Replacement or refund can only be processed once we have received all the items to be returned.
If you return items 1) that you are not entitled to return, 2) that are not in their original condition, 3) that are without proper or missing packaging, 4) with items missing from the return delivery, 5) without following our return instructions, or 6) have otherwise failed to exercise reasonable care when taking care of and returning items, we reserve the right either to reject your return and decline to refund or to deduct from those payments to be refunded to you reasonable repair or other similar direct costs that we have incurred, subject to applicable law.
If your return has been accepted, we will refund you the price you have actually paid for the items less any applicable shipping costs (as per the above) by crediting your payment card fifteen (15) calendar days after the date of receipt of the delivery.
Please note that Fenix Lighting LLC will only process returns and refunds for items bought at www.fenixlighting.com
If your Fenix product has a manufacturer’s defect covered by our warranty, we will either repair or replace it, at our option, without charge.
Most damaged Fenix products not covered by the warranty can still be repaired. If repair costs and handling charges apply, you will be notified prior to any service. All warranty repairs or replacements are at the sole discretion of the Fenix Lighting LLC Authorized Repair Center and we reserve the right to refuse a request.
These terms set out the full extent of our obligations and liabilities in respect of the products. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on us than the ones mentioned in these terms. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
If any provision or provisions of these terms shall be held to be invalid, illegal or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
You can contact Fenix Lighting LLC by phone 888-775-9996 or email:firstname.lastname@example.org Monday through Friday 8:00 am-4:00 pm MST.
These terms shall be governed and construed in accordance with laws of the State of Colorado, USA.
Terms and Conditions last updated May 2, 2018.