Payment and Pricing
Galaxia accepts MasterCard, Visa, American Express and Discover.
We cannot confirm the price of a Product listed on the Site until you order. However, we will not charge your credit card until after your order has been completed. Published prices are subject to change without notice.
We recommend printing out a copy of your order confirmation page for your records. After submitting your order, a copy of your order will be sent to the email address you supplied when you placed your order.
You shall have no right to offset or withhold payment. Past due balances shall be subject to a service charge of 1 and 1/2 percent (1.5%) per month but not to exceed the maximum amount permitted by applicable law. Galaxia may cancel or delay delivery of Products in the event of an arrearage in your account. Galaxia may waive any default without waiving any prior or subsequent default. You agree to pay all costs, including reasonable attorneys' fees, incurred in any collection efforts for outstanding balances. Galaxia shall retain a purchase money security interest in all Products, and the proceeds thereof, until you have made payment in full in accordance with the terms hereof. You shall cooperate fully with Galaxia to execute such documents and accomplish such filings and/or recordings as Galaxia may deem necessary for the protection of its interests in the Products furnished to you.
Shipping and Delivery
All orders placed on this Site are subject to Product availability and will be shipped according to Galaxia’s shipping and delivery policies.
Galaxia reserves the right to reject any order and/or limit quantities on any order you may place with us, without giving any reason. If your order is rejected, Galaxia will generally attempt to notify you using the email address you supplied when you placed the order.
Galaxia ships via FedEx carrier service to all fifty (50) states of the United States. Shipping fees will be calculated during the checkout process based on the shipping information you supply. These shipping fees do not necessarily represent FedEx published rates and may include handling charges levied by this store. Information displayed on the Site as you are placing your order will be provided to FedEx. You agree and acknowledge that FedEx’s use of this information will be pursuant to the current FedEx privacy policy, and will not be subject to or restricted by any of Galaxia’s policies.
Sales tax will be charged to all orders that are processed with an Indiana shipping address, regardless of the location from which your order will ship. Retailers are required to collect taxes in the states where that retailer has a physical presence.
Galaxia will process all orders within a reasonable time. When you place an order, the carrier will estimate shipping and delivery dates for you based on the availability of your items, shipping information you supplied, and the shipping options you choose. Quoted shipment dates are estimates only. "Time is of the essence" terms will not apply to any orders accepted by Galaxia. Galaxia may ship partial orders, and you agree to accept and pay for such partial shipments. Shipping and/or delivery date estimates may appear on the Site.
Galaxia shall not be liable for any delay in shipment or other performance hereunder which is due to unforeseen circumstances, or to causes beyond its control, including, without limitation, strike, lockout, riot, civil disturbance, acts of terrorism, blockades, war, fire, acts of God, accident, theft, malicious damage, failure or breakdown of components necessary to order completion; supplier, subcontractor or delays caused by you; curtailment or termination of franchises or other supplier agreements; inability to obtain or substantial rises in the prices of labor, materials or manufacturing facilities; curtailment of or failure to obtain sufficient electrical or other energy supplies; technical difficulties; or compliance with any governmental law, regulation, or order, including but not limited to U.S. Export Administration Regulations. Performance shall be deemed suspended during and extended for such time as it is so delayed, and thereafter the other party shall accept performance hereunder. Galaxia reserves the right to allocate or defer or delay the shipment of any Products in its sole discretion to serve you.
Cancellation Policy
Orders may not be cancelled or rescheduled by you without prior notification and prior written authorization of Galaxia, and, in such event, you will be liable to Galaxia for additional costs and expenses incurred by Galaxia in the form of a 10% restocking fee. All orders processed by Galaxia are individualized, therefore it is Galaxia’s policy that ALL cancelled orders are subject to the 10% restocking fee. To cancel an order, you must contact Galaxia by email at sales@galaxialighting.com, or by phone at (317) 815-2163. If your order has already shipped, you cannot cancel your order; however, you may return your order for a refund of the purchase price, less a 10% restocking fee, and any missing item or damaged Product fees that may apply. Galaxia may cancel any unfilled order without notice to you in the event that you become insolvent, adjudicated bankrupt, petitions for or consents to any relief under any bankruptcy reorganization statute, or becomes unable to meet its financial obligations in the normal course of business
Return Policy
You shall be responsible for inspecting all Products prior to acceptance. Products shall be deemed accepted by you, except as to warranty claims made within the applicable warranty period, unless you notify Galaxia in writing, within thirty (30) days of shipment, of Product shortages, damage or defect. Notwithstanding the above, any use of a Product by you, your agents, employees, contractors, customers or licensees, for any purpose after its receipt, shall constitute acceptance of the Product. Please see our Product Limited Warranty for the complete warranty terms and conditions.
Galaxia will allow you to return defective Products during the applicable warranty period, and your sole remedy with respect to such Products shall be exclusively limited to repair or replacement of the returned Product. In addition, any undamaged Products may be returned within twenty (20) days of the date of purchase and you will receive a refund of the purchase price paid by you for the Product less a ten percent (10%) restocking fee. To return a Product, you must contact Galaxia for a shipping label and ship the Product to Galaxia. All returns must be in their original condition and include all parts, manuals, and accessories. Galaxia reserves the right to deduct a missing item or damaged Product fee from any refund for any Product that is missing the original box, packaging materials, parts, manuals, or accessories. Details regarding any refund may be provided to you through the contact information supplied when you placed the order. Galaxia reserves the right to deny any return. The return service and shipping label is only available and valid for those Products that will be shipped from within the United States. No return service is provided unless the Product is returned to an authorized return center.
For any questions or to obtain a shipping label for returns, please contact Galaxia at:
Galaxia, Inc.
Attn: Product Return
1020 W. 116th Street
Carmel, IN 46032
sales@galaxialighting.com
Limited Warranty
Galaxia, Inc. (“Galaxia”) provides this Limited Warranty for your Galaxia product ("Product") if it was purchased from an authorized distributor only. You acknowledge that as a distributor, all Products sold hereunder by Galaxia are manufactured by several third parties. The warranties offered on Products are those offered by Galaxia's suppliers only, if any, and except as is otherwise provided in this paragraph, Galaxia offers no other warranties with respect to Products. Warranty service is provided to the first end-user only. Galaxia warrants each Product including all hardware and parts thereof against defects in material and workmanship for a period of one (1) year from the date of purchase. Galaxia will remedy any defective Product only through repair or replacement during the warranty period.
No warranty service is provided unless the Product is returned to an authorized return center pursuant the Return Policy. Any undamaged Galaxia Product may be returned within twenty (20) days of the date of purchase for a refund of the purchase price paid by you for the Product less a 10% restocking fee. Please see our Return Policy for more information.
Disclaimer of Warranties
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE GALAXIA LIMITED WARRANTY. GALAXIA DISCLAIMS ALL OTHER UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS PROVIDED FOR ABOVE, ALL PRODUCTS ARE PROVIDED BY GALAXIA TO YOU ON AN "AS IS" BASIS AND YOU ACKNOWLEDGE THAT SUCH PRODUCTS ARE NOT UL OR OTHERWISE LISTED OR CERTIFIED.
Warranty Exclusions
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, GALAXIA WILL NOT BE LIABLE WITH RESPECT TO ANY PRODUCT FAILURES CAUSED BY MISUSE, ABUSE, FAULTY INSTALLATION, FAULTY STORAGE, FAILURE TO FOLLOW PRODUCT INSTRUCTIONS OR ENVIRONMENTAL SPECIFICATIONS, NEGLIGENCE, ACCIDENT, OR PRODUCT MODIFICATION, OR FOR ANY INSPECTION, TESTING, OR REDESIGN CAUSED BY ANY DEFECT OR BY THE REPAIR OR REPLACEMENT OF THE PRODUCT.
NONE OF THE WARRANTIES SHALL COVER MATTERS RESULTING FROM ORDINARY WEAR AND TEAR OR MINOR VISUAL DEFECTS WHICH ARE WITHIN NORMAL INDUSTRY STANDARDS. MANUFACTURING IN ACCORDANCE WITH ACCEPTABLE INDUSTRY STANDARDS PERMITS AN LED DEFECT TOLERANCE NOT TO EXCEED FIVE PERCENT (5%).
Limitation of Remedies
THE EXCLUSIVE REMEDY FOR ANY CLAIM (WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR LEGAL OR EQUITABLE THEORY) RELATED TO THE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT.
Galaxia may elect which remedy or combination of remedies to provide in its sole discretion. Galaxia shall have a reasonable time after determining that a defect exists to repair or replace a defective Product. Galaxia’s replacement Product under its Limited Warranty will be manufactured from new and/or serviceable used parts. Galaxia's Limited Warranty applies to repaired or replaced Products for the balance of the applicable original warranty period.
Emergency Repair and Replacement
Emergency repair or replacement, where a replacement Product is shipped before the returned Product is received, can be accommodated, but a credit card must be supplied. The credit card will be charged for the repaired or replaced Product if Galaxia does not receive the returned Product within ten (10) days or the returned Product’s failure falls under the “Warranty Exclusions” noted above.
Limitation of Damages
GALAXIA'S ENTIRE LIABILITY FOR ANY PRODUCT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE PRODUCT. THIS LIMITATION APPLIES EVEN IF GALAXIA CANNOT OR DOES NOT REPAIR OR REPLACE A PRODUCT AND YOUR EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. GALAXIA WILL NOT BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES OR LOSS. IN THE EVENT THAT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU IN SUCH A JURISDICTION.
State, Federal or Local Code Regulation and Ordinance Disclaimer
Galaxia makes no representations as to the Products' compliance with any State, Federal and/or Local building, electrical or other code, regulation or ordinance which may apply to the installation, use, storage or disposal of the Products. You acknowledge that it is your responsibility to determine and ensure compliance with any such controlling code, regulation or ordinance prior to Product installation, use, storage or disposal.
Controlling Law and Jurisdiction
This Limited Warranty is controlled by and construed under the laws of the State of Indiana, United States of America, notwithstanding any conflicts of law provisions; and the state court sitting Hamilton County, Indiana and the Federal District Court for the Southern District of Indiana, Indianapolis Division shall have exclusive jurisdiction over any claim arising under this Limited Warranty. No action, regardless of form, arising out of or in any way connected with this Warranty may be brought by you more than one (1) year after the cause of action has accrued. All contracts, expressed or implied, entered into by you, shall be construed under and governed by the laws of the State of Indiana, without reference to principles of conflict of laws. If any part, provision or clause of these terms, or the application thereof to any person or circumstances, is held invalid, void or unenforceable, such holding shall not affect and shall leave valid all other parts, provisions, clauses or applications of these terms remaining, and to this end the Terms shall be treated as severable.
|
