Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of The Lamp Factory Outlet. The
collective work includes works that are licensed to The Lamp Factory Outlet.
Copyright 2005, The Lamp Factory Outlet. ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site for
the sole purpose of placing an order with The Lamp Factory Outlet or purchasing
The Lamp Factory Outlet products. You may display and, subject to any expressly
stated restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site solely for
your own non-commercial use, or to place an order with TheLampFactoryOutlet or
to purchase The Lamp Factory Outlet products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by TheLampFactoryOutlet. You further agree not to change or delete any proprietary notices
from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of The Lamp Factory Outlet used in
the site are trademarks or registered trademarks of The Lamp Factory Outlet.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, The Lamp Factory Outlet
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. The Lamp Factory Outlet does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. The Lamp Factory Outlet
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
The Lamp Factory Outlet shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if The Lamp Factory Outlet has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a The Lamp Factory Outlet product is mistakenly listed at an
incorrect price, The Lamp Factory Outlet reserves the right to refuse or cancel
any orders placed for product listed at the incorrect price.The Lamp Factory Outlet reserves the right to refuse or cancel any such orders whether or
not the order has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order is canceled,
LJ&L Stores LLC shall issue a credit to your credit card account in the
amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by The Lamp Factory Outlet
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
The Lamp Factory Outlet may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have
provided to The Lamp Factory Outlet.
Returns
You may return your purchase for any reason within 30 days of receipt for an
exchange or a refund of the purchase price excluding our shipping and handling
costs as long as you can return the product in its original packaging. Any
upgraded shipping costs will not be refunded. Some of our products are offered
with free shipping, so please be aware that if you return one of these products
our actual outbound shipping costs will be deducted from your return refund. In
addition some of our items carry a restocking fee which will be deducted from
your refund should you wish to make a return. The Lamp Factory Outlet Gift Certificates are nonreturnable. Please keep in mind that once an
order has shipped, it cannot be canceled. If you ask us to cancel your order after it has shipped or refuse an order, it will then fall
under our standard return policy, where round-trip shipping costs will be
deducted from your refund. If you are not sure, just call us before ordering.
We are here to help. Please note there is an exception to our return policy:
All sales are final if we provide a coupon, a price match or price below what is
advertised on our website. Additionally, certain products cannot be
returned because neither we nor our suppliers can take them back; this will be
clearly marked on the product's sale page with the words "Clearance Item"
or "No Return Available."
All returned products must be in original condition
and packaging; otherwise, additional charges may be applied or we may not be
able to take back the item. Unfortunately, we cannot take returns of products
that have been assembled or modified. If you have any questions about whether a
product can be returned, please call us or contact us at
info@TheLampFactoryOutlet.com within 24 hours of your order to ensure product
has not shipped. The Lamp Factory Outlet makes every effort to provide high quality
images and measurements to assist you in selecting your furniture. Keep in mind
that all products are individually handcrafted, therefore, can vary in color.
Sometimes measurements are rounded off, and occasionally they will vary slightly
from the description. For product specifics, please click the "Size &
Details" tab under a specific product for dimensions. If precise
dimensions or exact colors are critical to your order, we suggest that you
contact us by phone or e-mail in order to further assist you. We are not
responsible for color variations or measurements that are slightly off (two
inches or less on length and two inches or less on width). All returns will be
subject to our return policies & fees noted above.
Please
note that with fine furniture, including beautiful light fixtures, no two items are
the same. Finishes and shades will
vary from item to item, and from texture to texture. Even products in the same
collection will not be an exact match. By design, these products are meant to
be complimentary to one another. Pictures on our website could be lighter or
darker than the actual item, and you should not expect your item to be the same
shade as the picture on our website or the item you saw in a store. This is
industry standard for fine furniture regardless of where it is purchased. All
natural products fade, studio photo lighting is different than sunlight, or the
lighting in your home. Please keep in mind if you wish to return your items for
any of the following reasons, you still need to pay roundtrip shipping charges
and any factory restocking charges: the finish is not what you expected, the item will not
work or fit in your space, the truck cannot get to your home, the delivery
company misses a delivery date, your delivery is delayed and takes longer than
we told you it would take, the next appointment date is inconvenient, the item
is not level, the quality is different than what you expected from the picture,
the description you saw online differs with how you would describe it, if an item
is damaged at the time of delivery and you want to return it instead of waiting
for us to replace, repair or restore your item, if the item develops a defect
after it's in your home, if there are parts missing at delivery and you do not
want to wait for new parts. These charges can be expensive. If you
are not sure, please call us before ordering. All sales are final on any special orders, special order
pricing or products not visible on our website.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of Virginia, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited
to the purchase of The Lamp Factory Outlet products) shall be in the state or
federal courts located in Springfield, Virginia. Any cause of action or claim
you may have with respect to the site (including but not limited to the
purchase of The Lamp Factory Outlet products) must be commenced within one (1)
year after the claim or cause of action arises.The Lamp Factory Outlet's failure
to insist upon or enforce strict performance of any provision of these terms
and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. The Lamp Factory Outlet may assign
its rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a The Lamp Factory Outlet or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
The Lamp Factory Outlet does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, The Lamp Factory Outlet is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, The Lamp Factory Outlet reserves the right to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to The Lamp Factory Outlet in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless The Lamp Factory Outlet, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Damages & Defects:
Our products are well-packaged to withstand damage during shipping. We
double-box many items, and refuse to carry products that are easily damaged
during shipping. If it arrives damaged or is defective, simply follow the return policy stated
above. Our goal is to make buying online easy, safe and efficient. If you
decide you do not want parts or a replacement unit, the item can be returned
under our standard return policy above where we will deduct outbound shipping.
If your item is problematic due to damage or a manufacturer's defect, we will either
replace the defective part, or if necessary, the entire unit. We reserve the
right to determent the nature of how to handle damages and defects. We stand
behind our products and maintain great relationships with the manufacturers who
produce them. If you are having an issue, please contact us at
info@thelampfactoryoutlet.com and we will make every effort to resolve it. If
your order is shipping by Truck Freight (FedEx), or White Glove, please note
the important instructions below.
If Shipped via Truck Freight or White Glove
• Even if the package appears only slightly damaged, write "Package
Damaged" when you sign for delivery. This is VERY important. If the
package looks significantly damaged, you may refuse delivery of the package.
The damaged package will be returned to us and we will send you a new one. If
you refuse delivery, please notify us so that we can expect the return
shipment.
• If you have already accepted the package and find that parts are missing or
damaged, please contact us right away and we will ship you the replacement
parts free of charge. Speed matters since most carriers only let us file
freight claims within 48 hours of delivery. If we cannot replace the parts, we
may have the carrier pick up the package and we will send you a replacement.
All damaged products should be in the original packaging.
Third-Party Links
In an attempt to provide increased value to our visitors,The Lamp Factory Outlet
may link to sites operated by third parties. However, even if the third party
is affiliated with The Lamp Factory Outlet, The Lamp Factory Outlet has no control
over these linked sites, all of which have separate privacy and data collection
practices, independent of The Lamp Factory Outlet. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
The Lamp Factory Outlet seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its own
site, but for sites it links to as well (including if a specific link does not
work).
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