Date of Last Revision: September 2nd, 2015
These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase with us. BL reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicaBL policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination of your account.
If you have any questions regarding the use of the Site, please refer to our Contact Us section. All other questions or comments about the Site or its contents may be directed to customer service by calling (800) 407-8784 or emailing us (see Email).
PART ONE - TERMS FOR ALL SITE USERS
When you visit BarnLightElectric.com or communicate with us via e-mail or online chat, you are communicating with us electronically. You in turn consent to receive communications or replies from us electronically. We will communicate with you by the e-mail provided or by replying to online chat requests. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ELIGIBILITY, REGISTRATION, and ACCOUNT
The Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account on the Site. In addition, you may not make a purchase from the Site unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Site; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to create a profile on the Site, you will need to register for an account. When registering for an account, you cannot create a user name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those user names.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to BL; and (d) promptly notify BL if you discover or otherwise suspect any security breaches related to the Site.
OWNERSHIP OF SITE CONTENT
Unless otherwise indicated in the Site, the Site and all content and materials on the Site, including but not limited to the Barn Light COMPANY® logo and all designs, text, graphics, pictures, video, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of BL or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
See also, below section titled, “LICENSE AND SITE ACCESS; USER CONTENT”.
INFRINGER POLICY; COPYRIGHT COMPLAINTS
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicaBL law, BL has adopted a policy of terminating, in appropriate circumstances and in BL's sole discretion, account holders who are deemed to be repeat infringers. BL may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent: Conflict Manager
Address: 3405 S. Washington Ave; Titusville, FL 32780
Phone: (321) 269-2299
Fax: (321) 607-6979
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liaBL for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.
"Barn Light COMPANY", “WHERE VINTAGE & MODERN COLLIDE,” “BENJAMIN,” “IVANHOE,” “GOODRICH,” and the Barn Light Company logo, and other BL product or service names, logos or slogans that may appear on this Site are trademarks or registered trademarks of Barn Light Company®, LLC or its subsidiaries in the United States and other countries and may not be copied, imitated or used, in whole or in part, without the prior written permission of BL or the applicaBL trademark holder. You may not use any metatags or any other "hidden text" utilizing "Barn Light Company" or any other name, trademark or product or service name of BL without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by BL.
If you believe that anything on the Site infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).
LICENSE AND SITE ACCESS; USER CONTENT
Barn Light Company® hereby grants you a limited, revocaBL, non-transferaBL and non-exclusive license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Barn Light Company®.
The Site may include discussion forums, blogs, profiles, product reviews or other interactive features or areas, including BL's online community (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Site ("User Content"). User Content is publicly-viewaBL and includes your profile information and any content you post pursuant to your profile, but it does not include your BL account information (also known as "Your BL Online Account" or "Your Account") or information you submit in order to make a purchase. You agree that you are solely responsiBL for your User Content and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:
• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionaBL;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• User Content that displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to BL or any user or consumer or that is contrary to any instructions or warnings relating to the product (safety concerns can be reported here);
• User Content that may impinge upon the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
• User Content that, in the sole judgment of BL, restricts or inhibits any other person from using or enjoying the Site or which may expose BL or its users to any harm or liability of any type.
Barn Light COMPANY® takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor is BL liaBL for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. If you become aware of User Content that violates these Terms (with the exception of copyright and trademark infringement which is addressed in the above sections), you may report it by emailing us. Enforcement of the Terms, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonaBL expectation or promise that the Site will not contain any content that is prohibited by such Terms. Although BL has no obligation to screen, edit or monitor any of the User Content posted on the Site, BL reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsiBL for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense.
BarnLightElectric.com or our affiliate websites may be accessed from countries other than the United States. Our websites may contain products or references to products that are not availaBL outside of the United States. Any such references do not imply that such products will be made availaBL outside the United States. If you access and use BarnLightElectric.com, or our affiliate websites outside the United States you are responsiBL for complying with your local laws and regulations. Please review our International Shipping Policy before purchasing.
RIGHTS IN USER CONTENT and SUBMISSIONS
Except as otherwise provided herein, on the Site or in a separate agreement (such as the rules of an BL contest), BL claims no ownership or control over any User Content. However, by submitting User Content to BL or posting User Content on the Site you grant BL and its affiliates a nonexclusive, royalty-free, perpetual, irrevocaBL and fully sublicensaBL right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party sites. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions. In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be availaBL for some period of time.
By posting User Content to the Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post and use such User Content to the Site and to grant the rights to BL that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms, or any applicaBL law, rule or regulation.
Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Site, BL or BL's products or services that are provided by you, whether by email, posting to the Site or otherwise ("Submissions"), are non-confidential and shall become the sole property of BL. BL shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
NO THIRD-PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceaBL by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold harmless Barn Light COMPANY®, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonaBL attorneys' fees) arising out of or related to (a) your use of the Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Site; (c) any Submissions you provide; (d) your violation of these Terms; (e) your violation of any rights of another; or (f) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
Except as expressly provided, the Site, Site Content, User Content and services provided on or in connection with the Site (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. Barn Light COMPANY® DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. BL does not represent or warrant that the Complete Site is accurate, complete, reliaBL, current or error-free. BL does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Barn Light COMPANYV, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABL FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM BL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Barn Light COMPANY'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BL FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
MODIFICATIONS TO SITE
Barn Light COMPANY® reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that BL will not be liaBL for any modification, suspension or discontinuance of the Site or any part thereof.
APPLICABL LAW AND VENUE
These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of FLORIDA, applicaBL to agreements made and to be entirely performed within the State of FLORIDA, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in BREVARD County, FLORIDA and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
TERMINATION AND EFFECT OF TERMINATION
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceaBL, then that provision shall be deemed severaBL from these Terms and shall not affect the validity and enforceability of any remaining provisions.
PART TWO - TERMS FOR USERS MAKING PURCHASES
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITE.
RISK OF LOSS
All items purchased from Barn Light Company® are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please review our Shipping Policy for more information.
PRODUCT & CATEGORY DESCRIPTIONS/TYPOGRAPHICAL ERRORS
Barn Light Company® attempts to be as accurate as possiBL. However, Barn Light Company® does not warrant that product descriptions, information, dimensions, finishes, pricing, product videos, or all other content of this site is accurate, complete, reliaBL, current, or error-free. If a product offered by Barn Light Company® itself is not as described, your sole remedy is to obtain a Return Goods Authorization form (RGA), return it in new, unused condition and in the original packaging, and pay the noted restocking fee. Please review our Return Policy for more information.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Barn Light Company® shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Pricing is subject to change without notice. Barn Light Company® shall have 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, Barn Light Company® shall immediately issue a credit to your credit card account in the amount of the charge.
Except where noted otherwise, the price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Upon ordering any item(s) from Barn Light Company® or our affiliate websites, full payment is due before your order will be processed. Despite our best efforts, a small number of the items in our catalog may be mispriced or mislabeled. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before manufacturing or shipping, or cancel your order and notify you of such cancellation.
CONDITIONS OF SALE
• Any change or cancellation must be in writing within 24 hours of original order placement. If changes made after this timeframe, charges will be billed based upon expenses incurred.
• Custom fixtures require a 50% deposit payment in advance before production commences. Production begins the day subsequent to the verifications of funds received. Once production has started, fixtures are non-returnable and non-cancelable. Any changes made during production will result in longer lead times and charges added to existing invoice.
• Disposal fees apply.
• Minimum order is $150 or service charge of $20 will be invoiced to all orders that do not meet the minimum purchase. Parts have no minimum order charge.
• Specialty items exclusive to restaurants, hotels, theme parks, etc. are not available for purchase other than their respective authorized distributors.
• Any default by buyer on purchases mentioned above shall result in the buyer being responsible for all fees associated with the collection of payment (collection, legal, etc.).
1% 10 days; Net 30. The Manufacturer must approve all other terms in writing.
• All fixtures and products are non-returnable.
• Replacement parts shipped via common ground carrier.
• Errors in Purchase Order (PO) submitted by customer are not the responsibility of the Manufacturer; however, will gladly be corrected and all costs shall be incurred by customer.
• If fixtures or products arrive damaged, call Barn Light Electric for instructions. Report all damage and shortages within 24hours after delivery. Inspect contents carefully.
• Barn Light Electric Company LLC will never accept charge backs or charges for labor and/or electrician fees.
RETURN GOODS AUTHORIZATIONS “RGA’s
The Manufacturer has a NO RETURN Policy on Commercial and Custom Orders.
· If merchandise is damaged during freight, please contact Manufacturer for instructions on repair and returns.
· Replacement parts will be shipped ground deliver by Manufacturer. No overnight shipments will be authorized.
· No charge backs or charges for labor or materials will be authorized or accepted.
· Manufacturer will not be responsible for any electrician fees or labor expenses.
· All merchandise must be inspected by purchaser within 24 hours of delivery and prior to installation.
• Freight is FOB our Manufacturing Facility in Titusville, Florida 32780
• Freight allowed orders over $2500 when paid within terms.
• Shipments will always standardly be sent ground freight. Any other method of shipment will be at purchasers cost and invoiced.
• Freight allowed only within contiguous United States and/or to freight forwarder for AK, HI, P.R. or any other territory non-contiguous. Responsibility of shipment is transferred from Barn Light Company LLC to accepting party, as well as any damages or charges thereafter.
• Freight allowance does not include lift gate, delivery to areas requiring special accommodations i.e. ferry transport, residential delivery, redelivery, storage fees, address changes and/or inside delivery are not included and will be invoiced to customer.
• Any freight charges or outstanding invoice other than BOM not paid will be considered delinquent.
• Barn Light Co. will use the carrier of choice unless alternate agreeable arrangements are made prior to shipping.
• Orders less than $2500 ship freight collect.
• Freight allowances are not allowed on custom orders.
• Shipments shall be inspected within 24 hours of delivery with any reports of damage or shortages reported.
DROP SHIP CHARGES
Any “drop shipped” order is subject to a $10 surcharge.
• All lighting as noted on Barn Light Company LLC’s web site is certified and verification testing with the CSA Mark. All safety officials, code officials and authorities having jurisdiction in building inspections accept the CSA Mark in the United States and Canada.
• Barn Light Company warranties all products manufactured to be free from defects under normal use. Any products found to be defective, after examination by Barn Light, will be replaced within one year of the date of shipment.
• We reserve the right to repair and/or replace defective items that may experience failure within 120 days of shipment.
• No warranties against damages incurred as a result of hurricanes, extreme weather events, acts of nature, or extreme locations (salt water, sea spray, etc.).
• Chargebacks for labor, electrician fee, traveling expenses, rental equipment or fees for project not being completed on time are not permitted.