Terms of Use

Terms and Conditions

Thank you for shopping on 1-800lighting.com and capitollighting.com (collectively, and together with any other affiliated websites, the “Site”). By visiting this Site you hereby agree to our terms and conditions whether or not you have visited this page. The Site functions under Capitol Lighting EH Divisions, Inc. (“Capitol Lighting” or “we”) and are the sole property of Capitol Lighting. All terms and conditions herein are reflective of our general terms and conditions and Capitol Lighting and the Site reserve the right to change these without prior notification.

IMPORANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR THE CAPITOL LIGHTING TEXT MESSAGING PROGRAM. THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH CAPITOL LIGHTING ARE RESOLVED.

Content Copyright

All text, images, buttons, audio, video, other digital media, data, downloads, compiled source code, software are property of Capitol Lighting or other affiliated content contributors and may not be used or reproduced without the consent of any of the foregoing.

Registration/Your Account

When using this site, you may sign up and/or terminate your account at any time. It is your sole responsibility to keep your username and password confidential and accept all activity under your account.

Disclaimers

Capitol Lighting may at any time change, modify, or update any part of this website without prior notice. We also reserve the right to refuse service to anyone who does not comply with the terms and conditions herein. Capitol Lighting does not guarantee all of the information on the Site due to human error by way of inaccuracies, errors, or omissions. Product suppliers may and often do make changes to product offerings, materials and construction at any time. Every effort is made to remove obsolete products from the Site. All prices and descriptions listed on the Site are subject to change without notice. We reserve the right to change posted prices at any time. If, through a technical malfunction, we post incorrect prices, we reserve the right to cancel orders placed when the incorrect pricing was posted.

Order Acceptance

Capitol Lighting reserves the right to decline an order or cancel an order at any time and for any reason. Some examples of situations resulting in the cancellation of an order, include, but are not limited to: not enough inventory to fill the order, we cannot ship to the address provided, our fraud detection department has determined that the order cannot be accepted, or errors in pricing or descriptions. If all or part of your order is canceled, we will notify you as soon as possible. We may also need to contact you to verify information regarding your order. To ensure a successful transaction, we do authorize the full amount of the order at the time of purchase. As your order is fulfilled, the funds associated with goods fulfilled are captured against the original authorization. If the authorization for uncollected funds expires prior to order fulfillment, you agree that you will ensure that the balance will be re-authorized.

Delivery

Due to our extensive selection of products, Capitol Lighting often ships products from several different locations. You may experience shipments arriving at different times and from different locations. Once an order has been sent to the shipping facility for packing and shipping, it is considered a shipped order. This may occur one (1) day or a few hours prior to shipment. At this late stage in the process, it may still be possible to cancel an order (i.e. prevent it from shipping) and we will make every reasonable attempt to fulfill such a request. However, please note that in some cases, it will not be possible to retrieve the order or prevent it from shipping. In these cases, your order will be subject to our return policy. Some orders may be shipped via less-than-load (LTL) freight service due to their large size and not small parcel (i.e. UPS/FedEx). These types of shipments must always be inspected and signed for upon receipt. Please note that LTL freight shipments may be challenging to move and may require extra help; LTL freight companies may or may not be able to assist you.

Warranty

All electrified products sold through the Site include a manufacturer’s one-year warranty that covers any electrical defects associated with the product. It is your responsibility to keep all documentation needed for warranty claims. This includes your order number along with email receipts. Finish fading on outdoor lighting fixtures due to environmental factors are excluded from this offer unless otherwise specifically noted on the product description. We will repair or replace, at our sole discretion, any products that fail to operate due to a defect, excluding the free replacement of glass or fabric shades, diffusers and other replaceable parts which have become damaged due to mishandling, improper installation or use, or resulting from extreme acts of nature or the free replacement of lamps which may have been provided with certain fixtures. We will not honor any claim for improperly installed fixture(s) or when modifications outside the manufacturer's warranty have been made.

Finish/Color Disclaimer

The Site displays photographs that have been converted into digital images to represent the products available for purchase. Typically, these images make representations of finish colors and glass pieces that may have variations. Many of the products that we carry are hand finished or include hand-blown glass and may have slight variations from product to product. For these types of artistic products, the finish or glass may not be the same as represented in the image(s). Each piece can vary in color intensity and in the pattern it reflects. Glass shades can also vary slightly in their shape when hand blown. Glass colors can appear different when a fixture is turned on vs. turned off. Likewise, because all computer monitors interpret color differently, we cannot guarantee that the fixture you receive will have colors that match what you viewed with your monitor.

Marketing Messages

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.

We may suspend or terminate your receipt of Capitol Lighting text messages if we believe you are in breach of these Terms and Conditions. Your receipt of Capitol Lighting text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Capitol Lighting reserves the right to modify or discontinue, temporarily or permanently, all or any part of Capitol Lighting text messages, with or without notice.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for damages of any nature, including, without limitation, any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorneys’ fees.

Arbitration and Class Action Waiver

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Capitol Lighting hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CAPITOL LIGHTING ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND CAPITOL LIGHTING AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Florida, or any other location we mutually agree to, subject to Florida law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of Florida.

Severability

If any term of these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.