1. General. “Seller” means Bright on Presidio, LLC, a California limited liability company, and may be referred to as “us,” “we,” or “our.” Seller owns and operate this website (www.brightonpresidio.com; the “Website”). This document governs your relationship with this Website. Access to and use of this Website and the products and services available through this Website (referred to as the “Services” or the “Products”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Products, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly, before each purchase, and in order to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
3. Prohibitions. You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Seller will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content. The intellectual property rights in all software and content (including photographic images, trademarks, copyrights) made available to you on or through this Website remains the property of Seller or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Seller and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
5. Terms of Sale. By placing an order you are offering to purchase a product on and subject to the following terms and conditions:
5.1 Orders Subject to Availability and Confirmation. Dispatch times may vary according to availability and subject to any delays resulting from postal or courier delays or force majeure for which we will not be responsible. Purchases within the contiguous United States will be shipped by FedEx Ground and all associated shipping costs will be added to your final invoice. Seller endeavors to ship all in stock merchandise within four business days. If you desire to expedite shipping or to ship outside of the contiguous United States, please contact us at 415-901-3404 prior to placing an order so that shipping method and costs can be agreed to. Seller will send an email to you memorializing the method and estimated cost of shipping. In event an item is on backorder or that you desire to special order an item, delivery will be subject to the vendor’s lead time. Seller can makes no guarantee regarding the delivery time of backorder and special ordered items, and such sales on such orders are final.
5.2 Requirements to Purchase. In order to contract with Seller, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
5.3 Acknowledgement. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
5.4 Pricing and Availability. While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
5.5 Deliver Costs. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
5.6 Payment. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
5.7 Return Policy. A refund for any Product purchased will be available if you: (i) return the goods within in seven (7) days of product; (ii) the goods are in the same condition as when purchased; (iii) the goods have not been assembled or installed, (iv) the goods are in the same packaging materials; and (v) proof of purchase is presented to us. Seller will inspect all returned products to check the state and condition of the Products and of the packaging and keeps the discretion of accepting or not a returned product. If the conditions are met, the refund will amount to the full value of the merchandise purchased minus a restocking fee of 20% and the shipping costs from Seller to the Purchaser. The cost of returning the merchandise to Bright on Presidio is to be paid by you. The refund of Products is limited to orders with a value under $5,000. Products purchased as Special orders are not refundable.
5.8 Damaged Products. You should inspect boxes and packages at the time of delivery in order to report immediately any damage to the driver of the transport company. You are required to inspect the conditions of the products delivered and to contact us by phone or by e-mail within 72 hours of delivery if any of the products was delivered damaged. After compliance with the notification required in the preceding sentence, the damaged products must be returned to Seller in accordance with the Return Policy set forth above; provided however, that the cost of returning the damaged products to us shall be paid by us.
5.9 Sales tax. Products purchased or delivered within the State of California are subject to applicable local and state sales tax.
6. Disclaimer of Liability. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Seller and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. PRODUCT IS SOLD “AS-IS”. SELLER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
You are solely responsible, at your own cost and expense, for the installation and proper use of the product in strict compliance with any instructions provided by the manufacturer. YOU ARE ADVISED TO HAVE THE PRODUCT INSTALLED BY A LICENSED ELECTRICIAN. Seller has no responsibility for installation or use of the product. You agree to indemnify, defend, and save Seller free and harmless from any claim arising out of injury to persons or damage to property caused during installation of the Product or as a result of the improper installation or use of the product. Said claims include, without limitation, those caused by the product falling for any reason, negligence, improper wiring, use of improper bulbs or fixtures, improper voltage or amperage, power surges, brown or blackouts.
7.2 Linking to Our Homepage. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
8. Disclaimer as to Ownership of Trademarks, Images and Third Party Copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Seller and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Seller.
9. Indemnity. You agree to indemnify, defend and hold harmless Seller, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
10. Variation. Seller shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Products and/or any page of this Website.
11. Invalidity; Severance. If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
12. Waiver. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13. Governing Law; Forum Selection. The contract formed pursuant to the terms, conditions and specifications of this agreement and the obligations thereby imposed on Seller and you shall be governed and construed according to the laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California. You hereby expressly and irrevocably agrees that any disputes or controversies arising out of, relating to or concerning this Agreement and the rights and obligations hereunder shall be commenced in either the Superior Court of California for the County of San Francisco or the United States District Court, Northern District of California, and further irrevocably consents to jurisdiction of those courts and service of process in accordance with the provisions of the laws of the State of California.
14. Enforcement. If a dispute arises regarding these Terms of Service, the prevailing party agrees shall be entitled to be reimbursed all reasonable costs, expenses and attorney’s fees which may be incurred or become liable for by reason of the enforcement or attempting to enforce the terms of this agreement.
15. Entire Agreement. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Seller. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Manager of Seller.
16. Binding. This agreement shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, receivers, legal representatives, successors and assigns of the parties. This agreement, however, shall not be construed, nor is it intended, to confer third-party beneficiary rights upon any person, nor create a relationship between any other persons except between Seller and Purchaser.