Terms and Conditions

Terms & Conditions

THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM LIGHTSTAR("Lightstar") USING THIS WEB SITE. READ IT CAREFULLY. NO OTHER TERMS APPLY. BY PLACING AN ORDER TO PURCHASE OR RESERVE PRODUCT YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT PLACE YOUR ORDER.

Definitions:

"Product" shall mean any configuration of hardware and software, including but not limited to documentation, sold or licensed by Lightstar.

"Delivery Order" shall mean any order for Product(s) placed through the www.lightstar.ca web site for delivery to a Canadian address.

"Customer(s)" shall mean any person or persons placing a Delivery Order.

Entire Agreement:

The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.

Order acceptance by Lightstar/Cancellation of order due to errors:

All Delivery Orders placed by Customers shall be subject to acceptance by Lightstar. Placement of a Delivery Order by a Customer or receipt of an order confirmation for either from Lightstar does not constitute acceptance by Lightstar. Acceptance by Lightstar occurs for Delivery Orders, when Lightstar issues a confirmation of delivery to the Customer. Lightstar is not responsible for typographical or other errors, including pricing errors, and reserves the right to cancel any orders resulting from such errors.

Warranties:

With respect to Lightstar branded products, Lightstar makes no warranties except as stated in the Lightstar warranty documents or, in the case of optional extended warranties issued by Lightstar, such extended warranty documentation. Lightstar's responsibility for any warranty claim is limited to repair and replacement as set forth in Lightstar's applicable warranty statement. With respect to third-party (i.e. non-Lightstar branded) Products, such Products are sold by Lightstar AS IS. However, the third-party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.

LIGHTSTAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, BY STATUTE, BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

Purchase Terms and Conditions

General:

The following terms and conditions apply to your online purchase through Lightstar. Please print a copy of these terms and conditions for your records. Furthermore, please print a copy of the terms and conditions with each purchase that you make, as Lightstar terms are subject to change without notice at Lightstar's sole discretion.

Lightstar knows that you want to receive your order as soon as possible, and we make every effort to get your package to you promptly. Please read the following payment and shipping terms carefully, to minimize the possibility of delivery delay.

Please be advised that there are no exceptions to the terms and conditions set out below! Lightstar reserves the right to cancel orders and refund any purchase price paid (as applicable) if any of these conditions are not met. Our mandate is to provide a safe online shopping experience for you. For example, our required credit card verification procedures have been implemented in order to protect you from fraud.

Lightstar sells and ships products only within Canada. If you are residing outside of Canada, or intend to pay with a credit card issued by a bank outside of Canada, please contact Lightstar at sales@lightstar.ca

Payment Method:

Lightstar accepts payment via Cash, Debit, MasterCard and Visa credit cards issued by a Canadian financial institution only.

The cardholder must be the one who places the order. An order cannot be placed on behalf of anyone else. If a customer uses a company card, the customer’s name must also be listed as a cardholder on the account.

Payment Terms:

In the case of delivery orders, Lightstar will pre-authorize the customer's credit card upon submission of the customer's order, and charge the customer's credit card prior to shipment of the purchased product(s). The amount charged will be the full amount of the sale price of the product(s) being purchased, plus taxes and any other charges required by law, plus any applicable shipping costs. Taxes, together with any other charges required by law will be charged based on the customer's shipping address.

Lightstar is not responsible for any fluctuation in the Canadian Dollar exchange rate. Lightstar will always charge credits cards in Canadian Dollars.

Credit Card Verification:

Following receipt by Lightstar of a customer’s order, the customer’s address will be verified with the bank issuing the customer’s credit card or with applicable credit agencies.

The customer’s billing and delivery address must match the address currently listed as the primary address for the cardholder, as evidenced by the issuing bank’s records or the files of the applicable credit agencies. As stated above, Lightstar will verify this information. Lightstar reserves the right to refuse an order and/or reverse the payment or pre-authorization of the purchase price, without notice to the customer, if the information provided to Lightstar by the customer is inconsistent with information verified with the issuing bank or applicable credit agencies, or if Lightstar’s payment and shipping requirements are otherwise not met.

Shipping Terms:

Lightstar reserves the right to refuse an order if the particulars of the order and payment requirements do not satisfy our purchase and delivery conditions.

Lightstar will ship to Canadian addresses only.

Lightstar does not ship to P.O. boxes or postal outlet addresses (i.e. Mailboxes Etc). Lightstar will ship only to a physical street address. Unless otherwise specified, Lightstar will ship orders by courier. In the event that there is no one available to sign for the order, pick-up at a local depot may be required.

Lightstar generally ships purchased item(s), based on availability, within 24-48 hours (1-2 business days) of the order having been successfully processed. Lightstar does not process orders nor ships orders on weekends or national holidays.

Lightstar cannot guarantee delivery times. Furthermore, shipping to some locations, including Northern Territories, Yukon, Labrador and other remote areas requires additional time.

For delivery orders, Lightstar is responsible for loss or damage to purchased item(s) while such items are in transit to the customer's address. In the event of product damage or loss during transit, it is the responsibility of the customer to notify Lightstar if product has not been delivered within a reasonable time or, in the case of damaged product, within 24 hours of having received the product.

Returns:

Please review the information below. Should you have any questions or concerns about our return policy, please do not hesitate to contact us at info@lightstar.ca . Should you need to return your Lightstar purchase, you have 15 days from the receipt date to request a return for most items purchased on the site. Depending on the type of product(s) you need to return, a full refund of the product price will be issued to you, with a few exceptions. SPECIAL ORDERS WILL NOT BE ACCEPTED FOR RETURN.

Products:

Return Period & Conditions

If you need to return your purchase to Lightstar, please contact us at sales@lightstar.ca within the allotted return period to request a return. Please make sure to include the following details:

Your order confirmation number

The model number of the product(s) you are requesting to return

The reason for returning your product(s)

The condition of your product (unopened, opened, defective*, missing parts, missing packaging, etc.)

Once you have been issued an RA#, it will expire in 14 days so make sure that it is returned as soon as possible. Clearly mark this number on the outside of your package. When your return has been received and processed by the return centre, Lightstar will process your refund. Refund times may vary, but generally returns are fully processed within 7-10 business days from receipt by the return centre.

Any product being returned must be in its original packaging, along with all of its accessories, components and product literature. When returning your product to Lightstar, if a product is returned without a Return Authorization Number, opened, damaged, or incomplete, Lightstar reserves the right to refuse delivery or charge a fee. You will be responsible for, and pre-pay, all shipping charges and shall assume all risk of loss or damage to product while in transit to Lightstar. Lightstar recommends that you use a traceable method of shipping for your protection.

Products:

Lightstar continually updates and revises its Products. Lightstar may revise and/or discontinue Products at any time. Lightstar will display current products. Lightstar Products are new unless specified as refurbished.

Exclusions and Limitations:

In no event will Lightstar be responsible to repair or replace cosmetic or structural items including, but not limited to, housings, cabinets or parts thereof, consumable items (such as batteries and tapes), or for regular maintenance resulting from normal wear and tear. Lightstar will not cover any product which has been operated under conditions for which it was not designed and does not cover loss or damage resulting from external causes such as, but not limited to, defective or inadequate wiring, outages as a result of public utility company action or inaction, lightning, theft, misuse or abuse, or connection with products not recommended for interconnection by Lightstar.

If Lightstar, in its sole discretion, determines that a covered product is not repairable (e.g. when parts are no longer available) Lightstar may replace the product with a product of like kind, quality and functionality at the time Lightstar determines the product to be non-repairable. Unless otherwise precluded by law, Lightstar shall be excused from further performance of this agreement as to the affected product, which shall become the property of Lightstar. Genuine factory parts will be used whenever possible; however, the use of refurbished parts is allowed under this agreement.

The maximum liability of Lightstar under this agreement shall not exceed the purchase price of the covered product(s).

Miscellaneous:

This agreement sets forth the entire agreement between the parties relating to the Plan and supersedes any prior or simultaneous communications, representations or agreements with respect hereto, whether oral or written. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein and each of the parties hereto agrees irrevocably to attorn to the non-exclusive jurisdiction of the courts of such province.

Limitation of Liability:

LIGHTSTAR'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL LIGHTSTAR BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIGHTSTAR SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS PROVISION GIVES THE CUSTOMER SPECIFIC RIGHTS AND THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE FOREGOING EXCLUSIONS MAY NOT APPLY.

Taxes:

Prices do not include any applicable federal or provincial sales, value-added or similar taxes. All such taxes shall be paid by Customer.

Lightstar is unable to process tax exempt sales on this site.

Customer and Technical Support:

Available at www.lightstar.ca under Contact Us.

Title:

Title to Product(s) other than software passes from Lightstar to Customer upon delivery of Product(s) to Customer. Title to software shall remain with the applicable licensor(s).

Governing Law:

Sales shall be governed by and construed in accordance with the laws of the province of Alberta, including the applicable federal laws of Canada, but excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. Customer consents and attorns to the jurisdiction of the courts of such province. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Headings:

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Force Majeure:

Lightstar shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, terrorist acts, equipment failures or any other causes beyond the control of Lightstar. Quantities are subject to availability. In the event of product shortage, Lightstar may allocate sales and deliveries in its sole discretion.

Waiver/Invalidity:

Failure of Lightstar to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.

Legal Information:

This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Lightstar may also make improvements and/or changes in the products and/or the programs described in this information at any time without prior notice. The materials that you read on this site are provided solely for entertainment, promotional and commerce purposes.

Prices, features and specifications are subject to change without notice. Television and LCD screen images displayed on this website are simulated. All non-metric weights and measurements are approximate.

Lightstar is particularly careful in checking the accuracy of product description and prices, but occasionally an error slips through or a change is made after printing or publishing. We reserve the right to make corrections.

Any comments or materials sent to Lightstar including feedback data such as questions, comments, suggestions, or the like (collectively "Feedback"), shall be deemed to be non-confidential. Lightstar shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Lightstar shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Lightstar makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-Lightstar Web site, please understand that it is independent from Lightstar, and that Lightstar has no control over the content on that Web site. In addition, a link to a non-Lightstar Web site does not mean that Lightstar endorses or accepts any responsibility for the content, or the use, of such Web site. It is the responsibility of the user to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature and that you have taken appropriate precautions.

IN NO EVENT WILL LIGHTSTAR BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You should assume that all materials on this Web site are protected by copyright unless otherwise noted and may not be used except as permitted in these terms and conditions or with the express written consent of Lightstar.

The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont exigees que la presente convention ainsi que tous documents s'y rattachant soient redigees dans la langue anglaise.

Use of this Web site constitutes acceptance of these terms.

This is a web site of Lightstar and Alumilight

CONTACT US:

LIGHTSTAR

4315B 58TH AVE SE

Calgary, Alberta T2C1Y3

Phone: 1-855-519-8098

Fax: 403-279-5279

SALES: sales@lightstar.ca

INFO: info@lightstar.ca