Terms of Use

(LUMADEAL- Private Marketplaces)

Effective date: August, 2020

These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use.

Conditions of Sale:

LUMADEAL provides Sellers of Lighting Products a platform for a Private Marketplace (Sellers Marketplace) to sell their overstocked and clearance products to interested Buyers. All purchases/orders made through the Sellers Marketplace will be processed by the Seller and their Terms and Conditions will apply.

Please read these terms carefully and do not use this Site or the Services if you do not agree with these Terms of Use. By submitting your purchase/bid and/or participating in any deal/lot, you acknowledge that you are bound by these Conditions of Sale.

Privacy:

In connection with your use of the Services, please read the LumaDeal Privacy Policy. The Privacy Policy is part of and is governed by these Terms of Use, and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy, and agree that we may use information collected from you in accordance with the Privacy Policy.

Products / Product Information:

The Prices displayed on the Sellers Marketplace do not include sales taxes, if sales taxes are applicable, they will be added to your total invoice price by the Marketplace Seller. Prices are subject to change or correction at any time and without notice. LumaDeal does not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. We will make every effort to provide the most complete and updated information regarding the products offered.

Inspection:

Prospective buyers/bidders should inspect the item before purchasing/bidding. If that information is not available on the site, prospective buyers/bidders assume the responsibility of contacting the Marketplace Seller to inquire for additional details. Each buyer/bidder's decision to purchase/bid and determination of their purchase/bid amount should be based upon their own examination of the item(s) in question. In any purchase or sale, the estimated value of the item(s) is reflected by the price. The buyer/bidder hereby assumes all risks of valuation concerning any and all purchases.

Withdrawal:

LumaDeal reserves the right to withdraw any deal/lot before, during and after the sale and shall have no liability whatsoever for such a withdrawal.

Product Purchases:

A buyer may purchase a product through a Seller's Marketplace in one of the following ways: Buy Now, Make an Offer or by a winning an Auction Bid.

To make a purchase, regardless of the purchase method, the Buyer will be prompted to either log in to their LumaDeal Account or create a new one if they do not have one already. If it is a new registration the Buyer will be asked to acknowledge their compliance with the Terms of Use of the Marketplace. Once the Buyer has registered / logged in, they may proceed with their purchase.

Buy Now

In a Buy Now transaction, the Buyer chooses to purchase a selected product at the Seller's stated price.

Make an Offer

In a Make an Offer transaction the Buyer chooses to make the Marketplace Seller an Offer for a selected product at a given price and for a given quantity. The Marketplace Seller then has the option to accept, decline or counter the Buyer's Offer.

Auction Bidding

In an Auction Bid the Buyer chooses to bid on a select product, see Auction Rules for details governing the Auction process.

Payments:

All purchases/orders made through the Sellers Marketplace will be processed by the Seller and their Terms and Conditions will apply. All orders for products purchased through the Seller's Marketplace will be invoiced and collected by the Marketplace Seller.

Sales Tax:

LUMADEAL provides Sellers of Lighting Products a Private Marketplace (Sellers Marketplace) to sell their overstocked and clearance products to interested Buyers. The Marketplace Sellers as such, are responsible to administer and comply with all state and local tax law requirements.

Shipping Fees:

LUMADEAL provides Sellers of Lighting Products a Private Marketplace (Sellers Marketplace) to sell their overstocked and clearance products to interested Buyers. All orders will be shipped to the Buyer by the Marketplace Seller. All purchases made through the Sellers Private Marketplace will be processed by the Seller and their Terms and Conditions as to shipping fees and any possible restrictions will apply.

Damages or Error in Shipment:

Shipping damage may occur. Please immediately inspect all orders before signing off with the shipping company. If you need to return the order due to shipping damage that was not visible at the time of delivery, please contact the Marketplace Seller as to proper procedure for resolution.

Product Compliance and Suitability:

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. LumaDeal does not guarantee compliance or suitability of the products for sale through a Seller's Marketplace with any laws, codes or regulations, nor does LumaDeal accept responsibility for construction, installation and/or use of a product. It is Customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

Warranties:

All products are sold "as is," and LumaDeal 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. LumaDeal also DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. LumaDeal EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE. LumaDeal's LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

Limitation of Liability:

To the maximum extent allowed by law, LumaDeal 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 LumaDeal 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.

Severability:

If any provision of these Terms of Sale is 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.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the New Jersey, applicable to contracts made, and to be enforced wholly within the state of New Jersey.

Arbitration:

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 the State of New Jersey.

Jurisdiction and Venue:

You and LumaDeal (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 State of New Jersey, 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.