Terms and Conditions

Terms and Conditions

Terms and Conditions

  1. APPLICATION OF TERMS AND CONDITONS OF SALE: The following terms and conditions shall govern the sale by JUST LED US Inc. (Canada) (“JUST LED US” or “Seller”) of orders for Health and Gardening supplies and/or related products and/or standard services (hereinafter “Product”) sold to Customers located in Canada and United States of America, unless Customer has signed a separate formal purchase agreement with JUST LED US. Certain additional terms may accompany the Product and shall apply.

By using www.justledus.ca or www.justledus.com  to make on-line purchases the Products, as defined herein, Customer agrees to be bound by and accepts these Terms and Conditions of Sale (referred to throughout as “Terms and Conditions“).

JUST LED US reserves the right to add, delete or amend these Terms and Conditions without prior written notice at anytime, at JUST LED US’s sole discretion.

“Customer” means any person ordering products from JUST LED US’s web-store for their own personal use and not for resale, either on-line or over the telephone, and who has not entered into a separate formal purchase agreement with JUST LED US.

“JUST LED US Products” means any hardware, software, services or accessories supplied by JUST LED US that is branded with the JUST LED US trademark sold through www.justledus.ca or www.justledus.com.

“Third Party Products” refers to hardware, products, software supplied by JUST LED US under the brand name of a third party sold through the www.justledus.ca or www.justledus.com sites.

“Products” means collectively, JUST LED US and Third Party Products sold through the www.justledus.ca or www.justledus.com.

  1. QUOTES, ORDERS, and PAYMENT TERMS: Subject to the terms contained in this section, any quotation provided by JUST LED US will be valid for the duration stated in the quotation. If no green reflective quotes over businessmanduration is stated, such quotation will be valid for 48 hours. Although JUST LED US strives to provide accurate product and pricing information, errors or misprints may occur.
    All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
    Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars.
    We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
    Notwithstanding anything contained in this section 2, in the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, JUST LED US shall have the right, at our sole discretion, to refuse or cancel any orders, or part of an order placed or subsequently processed by JUST LED US for that Product and terminate the purchase agreement without further liability. In the event that a Product is priced in error or a Product information error occurs, JUST LED US may, at our sole discretion, either contact you for instructions, cancel your order and notify you of such cancellation, terminate the purchase agreement and/or correct the error on our web site.

Payment shall be made by credit card or some other pre-arranged method of payment acceptable to JUST LED US. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and JUST LED US shall not be liable in anyway if such financial institution refuses to accept or honor the credit card for any reason.

If Customer has requested, made arrangements and been approved for consumer financing, such financing will be provided through a third party financing service provider and Customer will be subject to the terms and conditions of such financing service provider. For the installation of in-home Products, such as LED Grow Light and hardware including parts, JUST LED US may refer customer to an independent third party service provider to perform such installation. Any referral provided by JUST LED US is not an endorsement or guarantee of the service provider‘s services. Customer will be subject to and bound by the service provider‘s own terms and conditions.

However, JUST LED US does provide instruction and certification to Independent Sales Representatives and third party service providers, and such representatives and third party service providers are bound by a (1)Direct Sales and Social Media Rules and Regulations Agreement which includes performance and compliance in relation to subjectivism such as (2)‘Objectives and Conditions’, (3)‘Social Media Rules and Regulations’, (4)’Release of Information and Photo’, (5)’Employee Privacy Policy’, (6)‘Code of Conduct-Ethics’ and(7) ‘Geo-Tagging’.

“Customer” shall be assured that “third party service providers” and /or “independent Sales Representatives” are bound by agreements of said terms set forth in directives outlined above (numbered 1-7).

  1. PRODUCT AVAILABILITY: Product availability maybe limited. Products ordered may not be
    Product Availability

    Product Availability

    available for immediate delivery. JUST LED US reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there are any revisions to or cessation of Products, JUST LED US may, with Customer‘s consent, ship Products which have similar functionality and specifications to the Products originally ordered. Customer will be given the opportunity to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product, this may include but not limited to the Loaner Program. Product substitutions will not be available for refurbished product purchases.

  2. PRICES, SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES: JUST
    Prices, Shipping and Handling

    Prices, Shipping and Handling

    LED US will ship to Canadian and American locations. Products shipped may not be re-routed by customer. Prices quoted do not include charges for shipping and handling, and applicable federal, provincial and/or state taxes. Separate charges for shipping and handling, if applicable will be shown separately on the invoice. Customer is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order. Unless Customer provides JUST LED US with a valid and correct tax exemption certificate applicable to the product ship-to location prior to JUST LED US’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except taxes on JUST LED US’s net income. If applicable, a separate charge for taxes will be shown on JUST LED US’s invoice.

  3. PRODUCTS: JUST LED US’s policy is one of on-going product update
    Product Availability

    Product Availability

    and revision. JUST LED US may revise and discontinue Products at anytime. JUST LED US will ship Products that have the functionality and performance of the products ordered. While it is rare, changes in what is described in a specification sheet or catalog are possible. JUST LED US branded Products may contain refurbished parts in relation to the Loaner Program and Refurbished products, that are CSA/UL certified and considered equivalent to new in performance and reliability and are warranted as new.

*The Loaner program units that are available at www.justledus.ca or justledus.com web-store have Terms and Conditions specified as read therein shall be enforceable and shall not either increase the obligations or liabilities or reduce the rights under these Terms and Conditions.

*Refurbished products that are available at www.justledus.ca or justledus.com web-store have Terms and Conditions specified as read therein shall be enforceable and shall not either increase the obligations or liabilities or reduce the rights under these Terms and Conditions.

*JUST LED US Trade in Special program contains specific Terms and Conditions that are available at www.justledus.ca or justledus.com web-store. The Terms and Conditions specified as read therein shall be enforceable and shall not either increase the obligations or liabilities or reduce the rights under these Terms and Conditions.

*JUST LED US Cancer Patient Pricing contains specific Terms and Conditions that are available at www.justledus.ca or justledus.com web-store. The Terms and Conditions specified as read therein shall be enforceable and shall not either increase the obligations or liabilities or reduce the rights under these Terms and Conditions.

*JUST LED US Food Security Initiative contains specific Terms and Conditions that are available at www.justledus.ca or justledus.com web-store. The Terms and Conditions specified as read therein shall be enforceable and shall not either increase the obligations or liabilities or reduce the rights under these Terms and Conditions.

  1. TITLE AND RISK OF LOSS OR DAMAGE; DELIVERY: Title in the Product and risk of loss shall pass to Customer upon shipment from JUST LED US’s facility.

JUST LED US may deliver the Products ordered in installments. Any delivery or shipment dates given by JUST LED US are estimates only and JUST LED US is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.

  1. Delivery-Shipping and Return Policy: You may be able to return your JUST LED US Product for a replacement or refund if you strictly adhere to all of the terms and conditions set out at in the “Delivery-Shipping and Return Policy” or below:

*Subject to the terms and conditions here in, except third party and affiliate sales, Products maybe returned within thirty (90) calendar days of your invoice date.

*All eligible returns require prior authorization by JUST LED US. Customer must Contact JUST LED US to first get authorization to return (RMA), and then return the item within 30 calendar days of being issued the RMA.

*All items must be in “as new” condition, in original packaging, and with all warranty cards, manuals, and accessories. JUST LED US reserves the right to inspect returns.

*JUST LED US will not be liable to customer for the refund or reimbursement of any charges related to shipping and handling, delivery installation, de-installation of the led grow light(s) or any structural restoration resulting from the installation or de-installation of the led grow light(s).  For returns information, please read Delivery-Shipping and Return Policy.

*A restocking fee will be charged on all returned items with missing boxes or packaging.

*All grow lights, at the customer’s option, are available as custom built spectrum-chipsets. Custom built chipsets will incur up to a 20% restocking fee that will be charged on all returned items.

*Product must be returned with all shipping and insurance charges pre-paid; such charges are not reimbursable and are at Customer’s expense, except in the case of defective Product returns.

*Non-defective returns maybe subject to a 10% restocking fee.

*Refunds on purchases made with a credit card will only be credited to the same card.

*After receipt and inspection of the Product returned in compliance with all of the above terms, a credit will be issued.

*If you financed your purchase through a third party financing service provider, refunds will not include any interest due on the loan or any of the nonrefundable amounts described above and you will remain responsible for the performance of the obligations contained in your financing agreement.

*JUST LED US will not be liable to customer for the refund or reimbursement of any charges related to shipping and handling, delivery installation, de-installation of the led grow light(s) or any structural restoration resulting from the installation or de-installation of the led grow light(s).  For returns information, please read Delivery-Shipping and Return Policy.

  1. EXCHANGES: From time to time, JUST LED US may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with JUST LED US’s exchange policies in effect on the date of the exchange.
  2. LIMITED AND EXTENDED WARRANTY ON JUST LED US PRODUCTS: A limited warranty statement or Extended Warranty Statement will be included in a confirmation email with each JUST LED US Product purchased by Customer. In its sole discretion, JUST LED US reserves the right to modify its warranty statement at any time. Warranty is only valid upon JUST LED US’s receipt of payment in full for the JUST LED US Product to be warranted.

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, THE JUST LED US EXTENDED WARRANTY STATEMENT and the REFURBISHED WARRANTY STATEMENT, JUST LED US MAKES NO OTHER WARRANTIES OR CONDITIONS AND THE WARRANTY STATEMENT(S) IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JUST LED US EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THE PRODUCT‘S LIMITED WARRANTY STATEMENT, THE JUST LED US EXTENDED WARRANTY STATEMENT and the REFURBISHED WARRANTY STATEMENT. ANY IMPLIED WARRANTIES AND CONDITIONS THAT MAYBE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD. TO THE EXTENT ALLOWED BY LOCAL LAW, JUST LED US’S LIABILITY FOR JUST LED US HARDWARE WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT, THE JUST LED US EXTENDED WARRANTY STATEMENT AND THE REFURBISHED WARRANTY STATEMENT.  JUST LED US’S LIABILITY FOR JUST LED US SERVICE WARRANTY CLAIMS ARE LIMITED TO REMEDYING THE NON-CONFORMING SERVICE AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT OR THE EXTENDED WARRANTY (DEPENDING ON OPTION CUSTOMER PURCHASES AT CHECKOUT).

  1. SOFTWARE LICENSE AND WARRANTY: Title to any software sold on the JUST LED US web-store shall remain with the applicable licensor(s). All software is subject to the applicable license agreement which is included with the Product(s). Customer shall be bound by the license agreement once the software is opened, the package is opened or its seal is broken. Warranty for any software shall be in accordance with the license agreement. JUST LED US DOES NOT WARRANT ANY SOFTWARE UNDER THIS AGREEMENT.
  2. THIRD PARTY PRODUCTS: Third Party Products carry different warranty policies than JUST LED US Products. Any warranty and technical support provided on a Third Party Product is provided by the original manufacturer, not by JUST LED US. The warranties and technical support may vary from product to product.
  3. EXCLUSION AND LIMITATION OF LIABILITY FOR ANY BREACH OF THESE TERMS AND CONDITIONS, JUST LED US’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT WILL JUST LED US BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR ECONOMIC LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, EXPENDITURES, INVESTMENTS, COMMITMENTS OR LOST PROFITS) ARISING FROM ANY CLAIMOR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE OF THE PRODUCTS HERE UNDER, WHETHER SUCH CLAIM IS BASED IN CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OBLIGATIONS OR OTHER LEGAL THEORY.

JUST LED US SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE, DIRECTLY OR INDIRECTLY, TO MATTERS BEYOND THE CONTROL OF JUST LED US INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY LABOUR DISPUTE EXTERNAL SOURCES, MALICIOUS DAMAGE AND NATURAL DISASTERS EX: FLOODS, FIRES, ELECTRICAL POWER LINE SURGES, TORNADO’S, AVALANCHE, METEROR SHOWER, ETC, ACTS OF GOD-UNLESS OTHERWISE SPECIFIED.

For the purposes of this Section 12, “JUST LED US” includes its employees, independent sales representatives, subcontractors, and suppliers.

  1. GOVERNING LAW AND JURISDICTION: These Terms and Conditions shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to principles of conflict of law. Without limiting the foregoing, Customer and JUST LED US irrevocably and unconditionally: (a) agree that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be brought in the Ontario Superior Court of Justice, in the city of Toronto, (b) consents to the exclusive jurisdiction of such court in any such suit, action or proceeding; (c) waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and (d) waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.
  2. IMPORT- EXPORT CONTROL: Products purchased or received under th
    Import and Export Control

    Import and Export Control

    ese Terms and Conditions of sale shall be subject to import-export laws and regulations of Canada and the United States of America. Customer assures that it will comply with those regulations whenever it exports or re-exports controlled products or technical data obtained from JUST LED US or any product produced directly from the controlled technical data.

15. RESALE (Representatives and Retail Stores):

*JUST LED US products cannot be resold by independent sales representatives. “Seller”  or “Independent Sale Representative” must follow all given guidelines set herein these “terms and conditions” as well as any accompanying terms set forth by guidelines, agreements, policies and the JUST LED US Social Media Rules and Regulations Agreement.

* The “terms and conditions” which are stated herein collectively shall govern the sale by JUST LED US (Canada) Co (“JUST LED US Inc.” of orders for LED Grow Lights and/or related products and/or standard services (hereinafter “Product”) sold at Retail Stores located in Canada and United States of America, unless Retail Store has signed a separate formal purchase agreement with JUST LED US Inc. Certain additional terms may accompany the Product and shall apply.

*Retail Stores or “Seller” must follow all given guidelines set herein these “terms and conditions” as well as any accompanying terms set forth by guidelines, agreements, policies and the JUST LED US Social Media Rules and Regulations Agreement.

  1. NOT FOR RESALE: Customer agrees and represents that it is buying for its own personal or internal use within Canada and the United States of America and not for resale.
  2. HEADINGS: The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
  3. NO ASSIGNMENT: A Customer may not assign a right or obligation under this Agreement without the express written consent of JUST LED US.
  4. INVALIDITY OF PROVISIONS: If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  5. GENERAL: JUST LED US Products are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems.

JUST LED US is not responsible for delay or failure to perform due to causes beyond its reasonable control.

All documents referred to in these Terms and Conditions of Sale are incorporated into these Terms and Conditions of Sale and are available from JUST LED US upon request.

These Terms and Conditions of Sale supersede any preprinted terms on Customer’s orders and any previous written or oral communications or representations by either party related to the Products and may not be amended by Customer without prior written consent of JUST LED US.

Any Customer site access requirements shall not be enforceable to either increase the obligations or liabilities or reduce the rights under these Terms and Conditions of Sale of JUST LED US, its employees, independent sales representatives, affiliates or subcontractors.

Revision Number: 03162015

©2015 JUST LED US Inc.