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Lutron Website Terms & Conditions of Use
LAST UPDATE: October 9, 2019
Welcome to SerenaShades.ca (the “Lutron Website”). Please carefully review these Terms and Conditions of Use (“Terms and Conditions”) which set out your rights and obligations with respect to your use of this Lutron Website and any purchases, including important limitations and exclusions, such as those in Lutron’s product warranties. This Lutron Website, including any subsite accessible through the homepage, is published and maintained by Lutron Electronics Co., Inc. and its affiliates and/or subsidiaries (“Lutron”). If you visit or purchase products or services from this Lutron Website, you accept these Terms and Conditions without limitation or qualification, and agree they apply to any order. Please note that when you enter any subsite accessible through this homepage or the shopping page, such subsite may have its own terms and conditions of use which are specific to it.
Your Right to Use the Lutron Website and Its Contents
The Lutron Website is only for your personal use. You may not publish, reproduce, distribute, exchange, modify, sell, or transmit anything you copy from the Lutron Website, including any text, images, audio, and video, for any business, commercial, or public purpose. As long as you comply with the terms of these Terms and Conditions, Lutron grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Lutron Website. You agree not to interrupt or attempt to interrupt the operation of the Lutron Website in any way.
Lutron’s Right to Change These Terms and Conditions or Content on the Lutron Website
Lutron may add to, change, or remove any part of these Terms and Conditions at any time. Any changes to these Terms and Conditions or any terms posted on the Lutron Website apply immediately upon posting. By continuing to use the Lutron Website after any changes are posted, you are indicating your acceptance of those changes. Lutron may add, change, discontinue, remove, or suspend any other content, products or services posted on the Lutron Website, including features and specifications of products described or depicted on the Lutron Website, temporarily or permanently, at any time, without notice and without liability.
Serena Shades Hours of Operation
The Serena shades Team is available to assist you 7 days a week with product questions, order placement, general assistance and questions about orders placed on the Lutron Website between the hours of 8am to 8pm EST, Monday through Friday and 9am to 6pm EST Saturdays and Sundays. Please call 1-855-573-7362 to contact us!
Canadian Sales Only
This Lutron Website sells and ships products only within Canada. No shipments can be made to PO Box addresses or addresses outside Canada. All products purchased at this Lutron Website are for personal/domestic use only and may not be exported from Canada.
Proof of Purchase
The Lutron Website requires that you supply an e-mail address to place an order. Lutron will send you a confirmation of your order via email (“Order Confirmation”).
The Lutron Website may require the credit card security code for any online purchase to protect against the unauthorized use of your card. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card on the signature panel (if Visa, MasterCard or Discover).
System limitations allow Lutron to accept only one payment method per order at this time.
Lutron exercises reasonable commercial efforts to enter the correct product price on the Lutron Website. Unfortunately, from time-to-time, a product may be incorrectly priced. If the actual price of an item you order is higher than stated, Lutron will, at its sole option, either contact you for instructions or will cancel the order and notify you of the cancellation. Lutron reserves the right to change prices for products sold on the Lutron Website at any time.
At the time you place your order, your total order price will include the then-current price of the products plus any applicable sales tax and shipping charges. These charges will be reflected on the Order Confirmation that Lutron emails to you. In accordance with applicable law, the applicable sales tax rate in effect at the time your order is shipped will be charged to your credit card.
The Lutron Website charges applicable sales tax on all orders. If you are certified as tax exempt in the province you are shipping to, please contact us at 1-855-573-7362 before placing your order. Documentation of your tax-exempt status is required for verification by our Tax Department.
Shipping / Risk of Loss
Lutron’s method of delivery will be communicated to you at the time of purchase/point-of-sale. To avoid fulfillment delays Lutron reserves the right to make alternate shipping arrangements. Title and risk of loss to all products will pass to you on delivery. Undeliverable Packages and Failed Delivery Attempts: The carrier will notify you when an undeliverable package is returned to Lutron. Please contact a Serena shades Specialist at 1-855-573-7362 to arrange for reshipment. Additional costs to reship the product may apply.
Lutron makes every effort to ship your product according to the Order Handling Time provided by the Lutron Website at checkout. The estimated lead times are in business days (Monday through Friday, excluding federal holidays).
Refer to your order confirmation or contact a Serena shades Specialist at 1-855-573-7362 for order status information.
Lutron may restrict the number of items that you can purchase. Lutron will post limitations on quantity on the Lutron Website and/or will inform you of product purchase limits at the time it processes your order. Lutron reserves the right to change quantities available for purchase at any time. Lutron makes every effort to supply you with the products you order. Lutron may occasionally confirm an order but subsequently learn that it cannot supply the ordered products, either at all or in the quantities ordered. This situation may occur when Lutron decides to stop manufacturing a product or cannot source components for the configuration you ordered, or when there was a pricing error on the Lutron Website when you ordered. In those circumstances, Lutron will contact you to inform you and, if you are interested, may suggest alternative products that might meet your needs. If you do not wish to order alternative products, Lutron will cancel your order for products that it cannot supply, and for any other products that you no longer wish to order as a result, and will refund your purchase price for those products.
All Lutron products carry a limited warranty against defects in materials and workmanship. Lutron’s warranties differ in length, scope of coverage, limitations, exclusions and other terms from product to product. You may review a copy of the Limited Warranty on new products, including its limitations and exclusions, before you purchase, by clicking the appropriate link below:
By purchasing from the Lutron Website, you acknowledge that you have had an opportunity to review Lutron’s warranty terms, have done so to the degree you need to be familiar with them, and accept their terms and conditions, including the limitations, exclusions, and disclaimers in them. If you have any questions regarding Lutron’s warranties, please contact:
Lutron Electronics Co., Inc.
7200 Suter Road
Coopersburg, PA 18036-1299
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
Return and Refund Policy
If you are not satisfied with your purchased Lutron product, please call a Serena shades Specialist at 1-855-573-7362 for a Return Material Authorization (RMA) within 30 calendar days of the product shipment date. Lutron does not permit the return for refund or exchange of configure-to-order, personalized or other customized products under any circumstances, unless the product is Dead on Arrival (see Dead on Arrival below for more information). If the item is returnable and you send it back to Lutron unopened in the original box, Lutron will exchange it or offer you a refund based on your original method of payment. You must include a copy of the original invoice and return the product to the Lutron warehouse indicated in the RMA/receipt of purchase within 15 calendar days of the issuance of the RMA, packed in the original, unmarked packaging, including any accessories, manuals, documentation and registration that shipped with the product. Lutron may assess a 15% restocking fee on any opened accessories.
Note: Lutron suggests that you use a carrier that offers shipment tracking for all returns and either insure your package for safe return to Lutron or declare the full value of the shipment so you are completely protected if the shipment is lost or damaged in transit. You will be responsible for any shipping costs and any loss or damage to the product during shipping.
Dead on Arrival (DOA) Product: System Failure Out of the Box
A Lutron product is considered DOA if it shows symptoms of a failure, preventing basic operability, when you first use it after opening the box. If you believe that your product is DOA, please contact Lutron Technical Support within 30 calendar days of the delivery date (email: firstname.lastname@example.org or phone the Serena shades Team: 1-855-573-7362; available 8-5pm (ET) Monday-Friday). Lutron Technical Support will determine whether the product is DOA and will take the appropriate actions, as necessary. If Lutron Technical Support determines that a returned product is not DOA, Lutron will apply its standard product warranty to the product. Should Lutron determine that you misrepresented a returned product’s condition and the product is not DOA, Lutron may impose a handling fee of 15% of the product purchase price. As new products are offered, Lutron reserves the right to determine whether this policy applies to such products.
If you discover what you believe is a product defect for any Lutron product, please contact a Serena shades Specialist at 1-855-573-7362. If your product does have a defect, your product may be covered under the terms of its warranty. Please refer to the warranty information and other supporting documentation that came with your product. (See the Shading Solutions Warranty section for specific information about Lutron’s warranties.)
Lutron’s Rights to User’s Materials and Unsolicited Ideas
If you send any communications or materials to Lutron by electronic mail or otherwise, including any comments, data, questions, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, or property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve how Lutron uses the material.
Any material submitted posted to the Lutron Website or otherwise communicated to Lutron may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or used by Lutron anywhere in the world, in any medium, forever. Furthermore, Lutron is free to use, without any compensation or notification to you and without any approval by you, any concepts, ideas, know-how, or techniques contained in any communication you submit or post to the Lutron Website or otherwise send to Lutron for any purpose whatsoever, including developing, manufacturing, and marketing products using such information. You agree and understand that Lutron is not obligated to use any such ideas or materials, and you have no rights to compel such use, and waive any moral rights you may have in the ideas or materials for such use.
All materials on the Lutron Website, including audio, photographs and other images, software, text, and video clips (the “Content”), are protected by copyright under Canadian, U.S. and foreign copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on the Lutron Website limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on the Lutron Website. Lutron is not granting you any license to utilize these proprietary logos, service marks, or trademarks by making them available on the Lutron Website. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. You may download one copy only of the Content for your personal use at home only, unless the subsite you are accessing states that you may not. If you download any Content from the Lutron Website, you may not remove any copyright or trademark notices or other notices that go with it.
Internet transmissions are never completely private or secure. You understand that any message or information you submit to the Lutron Website or otherwise send to Lutron electronically may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to Lutron does not cause Lutron to have any special responsibility to you.
The Lutron Website may contain links to other Internet sites on the World Wide Web. Lutron provides such links for your convenience only and is not responsible for the content of any website linked to or from the Lutron Website. Links from the Lutron Website to any other website do not mean that Lutron approves of, endorses, or recommends that website. Lutron disclaims all warranties and conditions, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Lutron and all of its agents, directors, employees, information providers, licensors and licensees, officers, and affiliates from and against any and all liability and costs (including legal fees and costs), incurred by such parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will cooperate as fully as reasonably required in Lutron’s defense of any claim. Lutron reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Lutron.
Disclaimer of Warranties and Damages, And Limitation of Liability Applicable to Website Content (Not Purchase of Goods Through the Website)
YOU USE THE LUTRON WEBSITE AT YOUR OWN RISK. THE LUTRON WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS AVAILABLE ON OR ACCESSED THROUGH THE LUTRON WEBSITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT ALLOWED BY LAW, LUTRON MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER (1) AS TO THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE LUTRON WEBSITE; OR (2) THAT THE SERVER THAT MAKES THE LUTRON WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR DAMAGE YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE LUTRON WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING LUTRON’S NEGLIGENCE, WILL LUTRON BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF, THE LUTRON WEBSITE, EVEN IF LUTRON OR ONE OF ITS AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL LUTRON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED $100.00. THE FOREGOING WILL NOT OPERATE TO LIMIT LIABILITY AND OBLIGATIONS WITH REGARD TO PERSONAL INJURY OR DEATH FOR RESIDENTS OF THE PROVINCE OF QUEBEC.
Other Terms and Conditions
Lutron is not responsible for typographical errors. Lutron reserves the right to cancel any order placed by you if there was a typographical error on the Lutron Website concerning the pricing or availability of any item you ordered when you placed the order.
Lutron reserves the right to change the Terms and Conditions of Sale on the Lutron Website at any time.
Lutron may make changes to any products or services offered on the Lutron Website, or to the applicable prices for any such products or services, at any time, without notice. The information provided on the Lutron Website with respect to products and services may be out of date, and Lutron makes no commitment to update the information provided on the Lutron Website with respect to such products and services.
Lutron reserves the right, at any time, without notice, to: (1) modify, suspend, or terminate operation of or access to the Lutron Website, or to any portion of the Lutron Website, for any reason; (2) modify or change the Lutron Website, or any portion of the Lutron Website, and any applicable policies or terms; and (3) interrupt the operation of the Lutron Website, or any portion of the Lutron Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
To the extent permitted by law, these Terms and Conditions and all sales on the Lutron Website are governed by Ontario law, without giving effect to its conflict of law provisions. However, in respect of consumers residing in Quebec, these Terms and Conditions and sales are governed by the laws of the Province of Quebec and the laws of Canada applicable therein. No Lutron employee or agent has the authority to waive or modify any of the Lutron Website policies or the Terms and Conditions of Sale.
If any of these policies are held by a court of competent jurisdiction to be void or unenforceable, such policy will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies will remain in full force and effect.
Lutron’s failure to insist on or enforce strict performance of these policies will not be construed as a waiver by Lutron of any provision or any right it has to enforce these policies, nor will any course of conduct between Lutron and you or any other party be deemed to modify any provision of these policies.
These policies will not be interpreted or construed to confer any rights or remedies on any third parties. These Terms and Conditions, together with any additional terms posted on the Lutron Website, constitute the entire agreement between Lutron and you as to your use of the Lutron Website. Except for such other period as required by applicable law, and except for consumers residing in the Province of Quebec, any cause of action you may have relating to your use of the Lutron Website must be commenced within one (1) year after the claim or cause of action arises (or within two (2) years of the claim or cause of action accruing for consumers residing in Quebec).
To report any technical problems with the Lutron Website, you can e-mail us at email@example.com.
Terms and Conditions of Product Ratings & Reviews and the Customer Gallery
By submitting any content to Lutron (including audio, photographs and other images, reviews, opinions, comments, essays, captions and other text, video clips, and other user content, including personal information included therein or connected therewith) (“User Content”), you represent and warrant that: you are the sole author and owner of the intellectual property rights in the User Content; all moral rights that you may have in the User Content have been voluntarily waived by you; all User Content that you post is accurate; you have reached the age of majority in your province or territory of residence (or alternatively, you have the consent of a parent or legal guardian that has reached the applicable and relevant age of majority); and that use of the User Content you supply does not violate these terms or the Terms and Conditions, and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any User Content: that is known by you to be false, inaccurate or misleading; that infringes any third party’s copyright, patent, trademark, trade secret or other intellectual or proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references other websites, addresses, email addresses, contact information, phone numbers or another person’s personal information; that contains any computer viruses, worms or other potentially damaging computer programs or files; or that contains images of other persons, including persons under the age of majority, buildings, structures or property owned by a third-party (without their prior express permission) or third-party trademarks or logos (without their prior express permission).
You agree to indemnify and hold Lutron (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable legal fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any User Content that you submit, you grant Lutron a perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, copy, modify, alter, delete, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content (in part or in it entirety) in, and/or incorporate such User Content (in part or in its entirety) into, any and all forms, media or technologies now and hereafter known, throughout the world, for advertising, publicity and promotional purposes or for any other purpose, without compensation, notification or authorization.
All User Content that you submit may be used at Lutron’s sole discretion. Lutron reserves the right to change, condense or delete any User Content submitted to or posted on Lutron’s Website that Lutron deems, in its sole discretion, to violate the content guidelines or any other provision of these terms or the Terms and Conditions. Lutron does not guarantee that you will have any recourse through Lutron to edit or delete any User Content you have submitted. User Content is generally posted within two to four business days. However, Lutron reserves the right to edit, remove or to refuse to post any User Content for any reason. You acknowledge that you, not Lutron, are responsible for the contents of your submission. None of the User Content that you submit shall be subject to any obligation of confidence on the part of Lutron, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers, representatives and employees.