BULBSTER.COM TERMS AND CONDITIONS OF USE
Latest version: 1, March 2007. Bulbster.com is a business entity within Pacific Supply Group of Portland, Oregon. In turn, Pacific Supply Group is a business operated by Steven K. Beals, a sole proprietor. References to Bulbster.com refer to our affiliates, subsidiaries, or designees as we deem appropriate.
This document collects several legal notices and informational statements in addition to our Privacy Policies and Other Legal Notices. Please read and carefully review these notices and those other two documents.
4142 SE 42nd Avenue, Portland, OR 97210
Comments or questions about these notices or any other policies of Bulbster.com may be emailed through the contact page on the website.
By using the Bulbster.com web site, you unconditionally accept all of the following terms and conditions of use. If you do not wish to accept or abide by these terms, please do not use this web site.
Use of the web site. Every feature and aspect of this web site (e.g., layout and design, text, graphics, content, information, etc.) that can be displayed, downloaded, or otherwise electronically or physically transferred is protected by all applicable local, state, federal, and international laws. Our "Other Legal Policies" document further explains some of those laws. However, the most important standards for using the web site are:
- Do not copy, adopt, or link to any part of it for commercial gain without our permission;
- Do not use the web site or domain for any illegal or fraudulent purpose (e.g., forging our domain name for sending spam email); and
- Do not attempt to deface or vandalize the web site.
Content and Accuracy of Information. We try to ensure that all information on the Bulbster.com web site is complete, accurate, and up-to-date. However, mistakes do happen, and despite our best efforts and diligence for detailed precision, some of the descriptions, prices, or other information on our web site occasionally may be inaccurate, incomplete, and out-of-date. We cannot make any absolute guarantees as to the completeness or accuracy of any information on our web site. For example, we regularly update our inventories regularly and provide warnings when certain items are out of stock. However, some products may experience an unusually high number of orders from time to time and our stocks may be depleted before we can update the web site.
Products listed on our web site may be unavailable at times, or may be replaced by a current, newer model with different characteristics. And, we may change the price and availability of products without advance notice. We don't do this to intentionally cause you difficulties. We sometimes are forced to do so because we are a dynamic company working in specialized markets that is dedicated to finding and making available the best products we can using the most efficient business models and practices we can create.
Linking to Our Web site. You agree not to create or maintain any hyperlink from any other URL to any part of our web site in any manner that generates revenue for you or anyone else (including advertising revenue) without our prior written permission. If you wish to mention us in your blog or link us on your personal web site, as long as you do not generate any revenue from that web site or blog. Otherwise, please ask us for permission before linking.
Running, displaying, or otherwise transferring any content from our web site on or into frames or similar means on another web site without our prior written permission is prohibited.
And any permitted links to our web site must comply will all applicable laws, rules, and regulations (including local, state, federal, and international laws).
Links to Other Web sites. We may occasionally place links to other web sites within our own web site. We usually do not own, operate, or have any control over these other web sites. Any such links are provided as a courtesy and convenience - we try to help people visiting our web site get additional information about toys, games, or other products, people, and companies they may enjoy.
Using any such link will cause you to leave our web site. Neither we nor any of our affiliates are responsible for any content, materials, images, or other information located on or accessible from any other web site. We do not endorse, guarantee, approve of, favor, limit access to, make any representation, or warrant the content of any other web site. In short, surf the World Wide Web at your own risk.
Product Specifications. The descriptions of our products on our web site are subject to change at any time without notice. We provide descriptions of approximate weights, sizes, and dimensions for convenience purposes only, and we will make every reasonable effort to accurately describe our products.
We also make every reasonable effort to accurately photograph our products and color balance the images used on our web site. However, the actual color you see when viewing our web site on your computer will depend on your own computer's settings, and we can't possibly guarantee that your computer will accurately display the colors of our products. So, please don't complain if a product shows up with Pantone® 3955 coloring when the product you viewed on our web site appeared to be Pantone® 3945 in color.
Inclusion of a product (or service) on our web site does not necessarily imply (or warrant) that the particular product (or service) will always be available, or available at a particular time. We will endeavor to indicate when a product is out of stock by flagging the product on our web site.
When you place an order through our web site, you affirm that any product ordered will be used only in a lawful manner. And you have the responsibility obey all applicable local, state, federal, and international laws in regard to the possession, use and sale of any item purchased from our web site.
Misuse and Inappropriate Material. We prohibit anyone from posting on or transmitting to our web site any unlawful, obscene, pornographic, profane, threatening, defamatory, or libelous material, information, or statements. We think our grandmothers had it right - "If you can't say something nice about someone, don't say anything at all."
We prohibit anyone from posting on or transmitting to our web site any material, information, or statements that could be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law - or even that could encourage others to break the law or induce some civil liability.
If we determine (at our sole discretion) that you have violated or are likely to violate these prohibitions, we reserve the right to take any action we deem necessary to cure or prevent such a violation. For example, we could cause the immediate removal of prohibited images, statements, or other materials from our web site, or even block you from accessing our web site. And we reserve the right to any other remedy - at law or in equity - to respond to any current or imminent violation of these prohibitions.
Additionally, we will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone accessing or using our web site in violation of applicable local, state, federal, or international laws.
User Information. Personally identifiable information transmitted to our web site is subject to our accompanying Privacy Policies. Please read that document so you know what we're doing with the information that we collect from you.
We, our affiliates, our agents, and our other designees may use any or all User Communications for any purpose whatsoever and without limitation. We can reproduce, transmit, disclose, broadcast, mock, publish, admire, develop, and use those User Communications for any commercial or non-commercial purpose we want without limitation, including research, development, manufacturing, marketing, advertising, or purely for entertainment purposes.
Placing Orders. We reserve the right to limit the order quantity on any product or service and/or to refuse service to any customer - and we may do so without prior notice. We can easily accommodate most reasonable orders up to around thirty to fifty standard items. However, orders that include a large number of items or hard-to-find items may be rejected, or someone from Bulbster.com may call you to revise your order. Additionally, we may sometimes require that you verify your information before we accept your order or ship any products to you.
We try to confirm all orders by email. However, an email order confirmation is just a document confirming that we received the order you placed. It does not count as our acceptance of that order. Nor does it confirm our offer to sell a product or service. That email confirmation simply is our way of saying "Thanks for your order. We've received it and we'll respond as soon as we can." In most cases, we'll respond by accepting your order and notifying you of when your products are expected to be shipped to you. In some cases, however, we may respond by canceling your order entirely or contacting you with suggestions for modifying your order.
If you place an order using a credit card and that credit card transaction is declined for any reason, and if the items you ordered have already been pulled from inventory and packed for shipment, we may charge you a 20% restocking and administrative fee. We will then try to complete your transaction using the same credit card. If the transaction clears within a reasonable time, we will again pull the items you ordered from inventory, pack them, and ship them to you, charging you the original price plus the 20% restocking and administrative fee.
Special orders. We try our best to fulfill unique, unconventional, or non-standard orders. These special orders are exempt from our standard shipping policies and will be handled on a case-by-case basis. What makes a "special order"? Any of the following factors (alone or in combination) could cause us to treat an order as a special order:
- A large number of items (over thirty to fifty, depending on the product);
- An order including a rare item that is out of production or difficult to obtain;
- Large, bulky, or heavy items within an order; or
- Very expensive items or orders (such as orders totaling more than $500).
Bulbster.com has the discretion to designate any order it chooses as a "special order." If we do make that special order designation, we will contact the customer placing the order to finalize any payment and shipping arrangements.
Returns and refunds. You may return to us any unused item to us within 30 days of receipt for exchange or refund. However, you are responsible for paying all shipping costs, including return and exchange costs, and we may apply a 20% restocking fee if an exchange is not desired.
Items returned after 30 days of initial receipt may only be exchanged-no refunds will be given.
To ensure your return is promptly processed, please follow these instructions:
- Call us (at 888-323-2852) to obtain a return authorization number.
- Return the item in the original box and packaging if at all possible.
- Include a copy of the original invoice with your returned item. Write the return authorization number on the copy of that invoice.
- Please ship your return using USPS with delivery confirmation, UPS, or FedEx.
- Use the proper return address:
ATTN: Returned Products
4142 SE 42nd Avenue
Portland, OR 97206.
Returns are not allowed on any special orders, electrical items, or fuel-handling items.
Shipping. With all purchases from our web site, the risks of loss and title for any products purchased pass from us to you upon our delivery of the items to a shipping carrier. Once your order is in the hands of a shipping agent, it's out of our hands. If the items you ordered are lost or damaged during shipment (i.e., after we hand those items over to the carrier), you are responsible for filing any notices, claims, or actions with that carrier. If you believe your order has been lost in transit, please call Bulbster.com (at 888-323-2852) and we will attempt to track the shipment for you.
Orders will be shipped to the address you specify as long as that shipping address complies with our shipping policies and any applicable state, local, federal, or international laws.
Orders can be shipped via United States Postal Service (USPS), United Parcel Service (UPS), or FedEx.
Orders to be shipped to any destination outside the United States or its territories will be considered final upon placement of the order. The customer placing such an order is responsible for all customs and duty upon receipt regardless of whether the person placing the order also is the recipient.
Cash-on-delivery (COD) orders will be allowed only for domestic orders within the United States. Additionally, payment for any COD order must be by cashier's check, bank check, or money order (no personal checks accepted), and shipper's COD charges will be applied.
Packages returned to Bulbster.com due to our shipping error (e.g., incorrectly transcribing or failing to provide a shipping address) will be re-shipped at our expense. However, if a customer's mistake causes an error in shipment, we will contact the customer and hold the shipment for 30 days. The order will be re-shipped only after the customer pays the charges necessary to make the shipment again. If the customer cannot be contacted or does not pay re-shipment charges within 30 days, the order will be canceled and the customer's payment will be returned, minus a 20% re-stocking fee for regular orders. However, no payments will be returned on special orders, which are considered final when the order is placed (see above).
Anyone receiving an order from us should check the contents of the shipment against the enclosed invoice to ensure all items ordered were properly shipped. If an error in shipment occurred, please contact Bulbster.com immediately. We will ship the missing or replacement items at our cost. A copy of the invoice is necessary for reporting missing or incorrect items in a shipment, and any shortages must be reported within 48 hours of receipt.
YOUR USE OF THIS WEB SITE IS AT YOUR RISK.
EXCEPT AS PROVIDED HEREIN, THE PRODUCTS, INFORMATION, SERVICES, AND ANY OTHER STATEMENTS PROVIDED ON OR TRANSMITTED THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND - INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
EXCEPT AS PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO ANY PRODUCTS (OR SERVICES) LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. ALL PRODUCTS (OR SERVICES) PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS, AND SUPPLIERS (IF ANY). WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
EXCEPTION FOR USED MERCHANDISE: USED MERCHANDISE PURCHASED THROUGH THE BULBSTER.COM WEBSITE WILL HAVE A THIRTY-DAY WARRANTY ON USEFULNESS OF THE PRODUCT. IF THE PRODUCT IS FAULTY WITHIN 30 DAYS OF RECIEPT, PLEASE CALL BULBSTER.COM THIS WARRANTY IS NOT TRANSFERABLE AND DOES NOT COVER DAMAGE THROUGH INCORRECT INSTALLATION, APPLICATION, OR ACCIDENT. IMPROPER INSTALLATION WILL VOID THIS WARRANTY. BULBSTER.COM WILL REPLACE OR REPAIR THE DEFECTIVE ITEM AT ITS DISCRETION. IF IT IS DISCOVERED THAT THE ITEM IS NOT DEFECTIVE, A 20% RESTOCKING FEE WILL BE CHARGED. USABILITY IS LIMITED TO THE REPLACEMENT OF THE DEFECTIVE PART. BUYER IS NOT ENTITLED TO RECOVER FROM BULBSTER.COM ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF PROFIT, OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES.
STATEMENTS, IMAGES, COMMUNICATIONS, OR ANY OTHER INFORMATION PROVIDED ON OR TRANSMITTED THROUGH THIS WEB SITE MAY BE OUT OF DATE. WE (BULBSTER.COM) AND OUR RESPECTIVE AFFILIATES DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY OR RESPONSIBILITY TO UPDATE SUCH STATEMENTS, IMAGES, COMMUNICATIONS, OR ANY OTHER INFORMATION. WE (BULBSTER.COM) AND OUR RESPECTIVE AFFILIATES DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF ANY STATEMENTS, MATERIALS, IMAGES, SERVICES, OR OTHER INFORMATION, PROVIDED ON OR TRANSMITTED THROUGH THIS WEB SITE.
THE ABOVE-MENTIONED EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
WITHOUT LIMITING THE GENERALITY OF ANY STATEMENT MADE HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE; CLAIMS THAT ARE DUE TO NORMAL WEAR, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, PRODUCT MISUSE OR ABUSE, PRODUCT MODIFICATION, OR MISAPPROPRIATION. THE EXCLUSIONS OF IMPLIED WARRANTIES CONTAINED HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
BULBSTER.COM ASSUMES NO LIABILITY WHATSOVER IN THE EXTREMELY UNLIKELY EVENT THAT THERE IS EXPOSURE TO ANY VIRUSES, WORMS, TROJAN HORSES, SPYWARE, MALWARE, OR ANY OTHER UNWANTED PROGRAMS THAT MAY INFECT YOUR COMPUTER OR TELECOMMUNICATIONS HARDWARE, INCLUDING ANY DAMAGE TO ANY SUCH EQUIPMENT, CAUSED BY OR ARISING OUT OF YOUR ACCESS TO, BROWSING OF, OR ANY OTHER USE OF OUR WEB SITE, INCLUDING ANY DOWNLOADING OF ANY DATA FROM OUR WEB SITE.
IN NO EVENT WILL BULBSTER.COM - OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, OR ANY PARTY INVOLVED IN THE DEVELOPMENT, DESIGNE, CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEB SITE - BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES - INCLUDING (WITHOUT LIMITATION) ANY DAMAGES THAT RESULT FROM LOST DATA, LOST PROFITS, LOST OPPORTUNITIES, OR ANY OTHER INTERRUPTION OF BUSINESS ARISING OUT OF (1) THE USE OF THIS WEB SITE, THE RESULTS OF SUCH USE, OR THE INABILITY TO USE THIS WEB SITE; (2) THE USE OF ANY WEB SITES LINKED TO THIS WEB SITES, THE RESULTS OF SUCH USE, OR THE INABILITY TO USE ANY WEB SITES LINKED TO THIS WEB SITE; OR (3) ANY INFORMATION, IMAGES, STATEMENTS, OR OTHER MATERIALS OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU EXPERIENCE ANY PROBLEM WHATSOEVER WITH ANY PRODUCT (OR SERVICE) THAT YOU PURCHASE ON OR THROUGH OUR WEB SITE, YOU AGREE THAT YOUR REMEDY AVAILABLE WILL BE FROM THE MANUFACTURER OF SUCH PRODUCTS (OR SUPPLIER OF SUCH SERVICES) IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY. YOU MAY SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON OUR WEB SITE.
IF YOU EXPERIENCE ANY PROBLEM WHATSOEVER WITH OUR WEB SITE - INCLUDING ANY STATEMENTS, INFORMATION, IMAGES, OR ANY OTHER CONTENT - YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR WEB SITE.
THE LIMITATIONS OF LIABILITY STATED HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Termination. You or we may suspend or terminate your use of our web site at any time and for any reason (or for no reason). You are liable for any orders you place or charge you incur through our web site prior to termination. And we reserve the right to change, suspend, discontinue, alter, or modify any aspect or part of our web site at any time without notice.