These Terms of Sale govern your purchase of any product offered by Bulbs.com on www.bulbs.com.
Please read these Terms of Sale carefully. They contain very important information about your
rights and obligations, as well as limitations and exclusions that may apply to you. By placing
an order, you acknowledge you have read, accepted and agreed to be bound by these Terms of Sale,
without limitation or qualifications. These Terms of Sale are subject to modification at any
time without prior written notice and in the sole discretion of Bulbs.com.
Bulbs.com may discontinue any product at any time without notice. The product prices
displayed on Bulbs.com do not include shipping and handling or sales taxes, if applicable,
which will be added to your total invoice price.
Our goal is a 100% error-free Web site. If product price errors are discovered, they
are promptly corrected on our systems, and the corrected price will apply. We will
notify you if your order includes items that were incorrectly priced.
Value Brand Products
The term "Value Brand" is used on Bulbs.com for all items meeting or exceeding the
specifications as listed on the respective Product Detail page. Value Brand items
are manufactured by numerous companies whose company names may or may not be recognizable
"brand names" to the consumer. The trademarks and/or trade names of the brand name
companies referenced in the Product Detail page are used only to compare products of
similar characteristics. Orders for Value Brand products may contain items manufactured
by two or more companies.
Orders are not binding upon Bulbs.com until accepted. Bulbs.com reserves the right,
without prior notification, to limit the order quantity on any item and/or refuse
service to any customer. Verification of information may be required prior to the
acceptance of any order.
Payment can be made via MasterCard, Visa, American Express and Discover.
Your credit card will be charged when your order is placed. Bulbs.com also accepts
purchase orders from customers who have received Bulbs.com credit approval.
To apply for Bulbs.com credit, please call 1.888.455.2800, or visit our
Credit Application page. For customers who purchase
on open account, Bulbs.com reserves the right to add to your monthly balance a
service charge of 1.5% per month (18% annual rate) on all amounts unpaid on
the first day of the 2nd month following purchase. If the account is placed with
a third party for collection, buyer agrees to pay all costs and expenses of collection,
including the reasonable attorneys fees, in addition to the service charges stated above.
Bulbs.com requires customers with an open credit account to make $1,000 in purchases annually.
Bulbs.com reserves the right to revoke credit extensions and close credit accounts for
those customers who do not maintain the minimum purchase volume or who do not pay within
the assigned payment terms. Closing credit accounts or revoking credit extensions is
standard practice for Bulbs.com for customers with slow payment history. All Bulbs.com
customers are strongly advised to remit payments according to the payment terms assigned
in order to maintain an open account status.
You are responsible for the payment of any state and local sales or use taxes that
may apply to your order. The sales tax is calculated based on the full invoice price,
and may include charges for shipping and handling, if required by law. By law, Bulbs.com
must collect sales tax for orders SHIPPED to the states of Massachusetts or Michigan.
If you order by 4 p.m. Eastern Standard Time, the in-stock items ordered will be shipped
that day (Monday through Friday delivery days) via ground transportation to most locations.
Upgraded shipping services (Next Day, 2nd Day) are available at an additional charge.
Bulbs.com may select an alternative shipper depending on the size and weight of your item.
In the event only some of the product is in stock at the time an order is placed, the
available product will be shipped via the upgraded service and the backorder will ship
via Ground service when stock is replenished. While Bulbs.com will make every reasonable
effort to ship your orders within these time frames, Bulbs.com is not responsible or
liable for any delay in receiving or completing your order that is caused by an event
beyond Bulbs.com's reasonable control. Such events may include, but are not limited to,
fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities,
acts or omissions of carriers, transmitters, phone companies, Internet Service Providers
or Internet backbone providers or a failure, interruption or delay of the server or this
Web site caused by an event outside the direct control of Bulbs.com, including without
limitation, power outages or attacks on this Web site such as by persons known as "hackers."
Bulbs.com will ship to addresses within the contiguous United States for a shipping charge of $7.95.
The order minimum for orders outside the 50 United States is $100.00 (U.S). Shipments to Alaska,
Hawaii, other US Territories, Canada, and Mexico will be arranged and additional shipping charges
will apply. For customers seeking to have bulbs delivered to all other countries, Bulbs.com will
ship via DHL, UPS, FedEx or through a U.S.-based "Freight Forwarder" of the customer's choosing.
Additional shipping charges will apply. The customer is responsible for payment of taxes, duties,
tariffs and any other charges levied by government agencies. Payment must be made in full using a
credit card or bank transfer at the time of shipment. Title and risk of loss of the products pass
to the customer upon delivery at the "Freight Forwarder."
Shipping & Handling (S & H) Charges
A S & H charge applies to all orders. Additional S & H charges will apply to orders
shipped outside the 48 contiguous states and to orders shipped via upgraded services
(Next Day, 2nd Day, etc). In the event only some of the product is in stock at the time
an order is placed, the available product will be shipped via the upgraded service and the
backorder will ship via Ground service when stock is replenished. S & H charges, along
with any charged Freight, are non-refundable in occurrences where Bulbs.com has made no
error in merchandizing or shipping.
All products are sold "as is," and Bulbs.com disclaims all warranties of any kind relating to the
products or use thereof, express or implied, including warranties of merchantability, non-infringement,
title or fitness for a particular purpose. Some jurisdictions may not allow the exclusion of certain
implied warranties, so some of the above exclusions may not apply to you.
Promotional codes are valid only during the time period stated in the offer, must be used at the
time of purchase and cannot be used on past orders. Only one promotional code can be used per
order and cannot be combined with high volume pricing.
Limitation of Liability
To the maximum extent allowed by law, Bulbs.com shall not be liable for any special, consequential,
exemplary or incidental damages (including lost or anticipated revenues or profits relating to the same),
arising from any claim relating to these Terms of Sale, this Web site, the catalog, product(s) or order(s),
whether such claim is based on warranty, contract, tort (including negligence or strict liability) or
otherwise. In no event will the collective liability of Bulbs.com exceed the amount you have paid to
the company for the applicable order or product out of which liability arose. These limitations shall
apply notwithstanding any failure of essential purpose of any remedy. Some states and/or jurisdictions
do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion
may not apply to you.
If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any
law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed
severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall
not be affected thereby.
These Terms of Sale shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts, applicable to contracts made, and to be enforced wholly
within the Commonwealth of Massachusetts.
Any dispute or disagreement arising out of these Terms of Sale, or breach thereof,
shall be settled by arbitration administered by the American Arbitration Association
("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction thereof. Such
arbitration shall be held in Boston or Worcester, Massachusetts.
Jurisdiction and Venue
You and Bulbs.com (collectively the "Parties" individually a "Party") irrevocably
agree that any legal action, suit or proceeding brought by it in any way arising
out of these Terms of Sale must be brought solely and exclusively in the federal
or state courts of the Commonwealth of Massachusetts located in the City of
Worcester, Massachusetts, and irrevocably accept and submits to the sole and
exclusive jurisdiction of each of the aforesaid courts in person, generally and
unconditionally with respect to any action, suit or proceeding brought by it or
against it by the other Party.
Waivers and Amendments
The waiver by either Party of any provision of these Terms of Sale on any
occasion and upon any particular circumstances shall not operate as a waiver
of such provision of these Terms of Sale on any other occasion or upon any
other circumstances. These Terms of Sale may be waived or amended only in a
writing signed by the Parties.