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Terms and Conditions

In a perfect world there would be no need for terms of use documents such as this one. But this world is far from perfect.


Take for example, the legal cases where people sue fast food companies for making them fat. Blatant opportunism in our opinion.


As a company then, we also have to protect ourselves against the occasional site user who might also make unreasonable claims against us.


For example, what if one day a site user claimed that looking at one of our photos, a photo of a blue sofa for example, caused him to be depressed? And furthermore, such depression caused his work performance to suffer and thus he was fired from his job. And to make matters worse, his family left him. So this individual might choose to initiate a lawsuit against us.


And being the proactive people we are, we might anticipate all such scenarios and state in our terms of use something to the effect of “EachLED.com is not responsible and cannot be held accountable for the moods, feelings, and related thoughts created when viewing our photos and the subsequent actions undertaken by you and the negative life consequences, financial or non-financial, those actions may have.” Of course, our lawyers could probably do a better job with that sentence, maybe even make it into a whole paragraph, but you see our predicament don’t you?


In fact, when you read the terms of use documents written by some companies, most companies actually, the same patterns emerge, “we are the company, you are the user, you can’t do this, and you can’t do that, and if you do this we will sue you, and if you do that we will cancel your account, and if this happens, we are not responsible, and if that happens, we are also not responsible, and whatever you do that is in opposition of our interests, we will cancel your account or sue you or both, and if we do something that is in opposition of your interests then we apologize but we are not responsible…”


So what to do?


We talk. Openly and honestly. About our concerns in running a business and operating a website and your concerns too: to be addressed in our privacy policy document.


 Let’s begin shall we?


The first thing is, if you’re using the site, we assume you’re an adult. The age of majority might be 18 or 19 or higher depending on your legal jurisdiction. If you’re under that age, please use our site with the supervision of your parents and guardians. The reason this is important to us is that most legal authorities throughout the world regard minors as ineligible and incapable of participating in business contracts.


Next, please enjoy our site for your personal shopping, but don’t do things like steal all our photos and product descriptions and open a competitor website.


And the thing is, even as we write this, we know what you’re thinking. What will you do if I actually do steal your stuff?


First, depending on the scope of the theft we may just send a letter to your webhost insisting that they take down the stolen content according to the provisions of the Digital Millennium Copyright Act. Other measures might include contacting Google to remove the stolen content from their indexes using this tool.




Or we might use social media platforms like Facebook and Twitter to point out the infringement to the Internet in general.


It comes down to the fact that plagiarism is just downright uncool. Experience the joys of taking your own photos and writing your own witty product descriptions. It will provide a sense of completeness to you no words can describe.


Moving on, we invite you to open an account with us and enjoy shopping on our site. Opening an account means you’ll be given a user ID and password and we’d like to emphasize the need to keep that information safe. If someone gets a hold of your password and uses your account to order products pretending to be you, we’re sorry to say, you’re responsible for all resulting financial obligations.


Unlike the real world, there is no way we can truly know if the person ordering is you or not.


And there are many cases where spouses share the same account or adult children give their parents access to their shopping account fully prepared to assume all financial obligations.


From our perspective however, we still suggest that you restrict your account for your own use and encourage loved ones to open their own accounts. The more people who have access to the same password, the greater the chance that the password is leaked to strangers or would be cyber criminals.


If you do suspect however that your account has been compromised please contact us immediately so we can prevent any further damage.


From time to time we may link to other websites and in doing so we aren’t vouching for the validity of those sites and can’t guarantee your safety on those sites. It makes the web sound ominous doesn’t it? In general the web is a pretty cool place but it’s the very easy for your computer to be infected with viruses and malware when you visit a site and the site owner’s themselves may not have knowingly served up those infections. They could simply be a victim of hacking. Still, it’s necessary for us to remind you about safety on the Internet and of clicking links. We would never knowingly link to a bad site, but it’s impossible to guarantee that good sites stay uncompromised as time passes.


A note about infallibility. We’re humans and as such we are not infallible. In plain English, from time to time we might make mistakes. Take product descriptions for example. There may be times when there is a mismatch between the description and the actual product. Generally we do our best to be as careful as possible, but we anticipate those rare instances when information is wrong. We think when this happens, the appropriate response depends on the situation and the scope of the error and we will do our best to ensure our customer’s good will throughout. For example, if you purchased a product and the description discussed a feature that wasn’t present, the right thing to do would be to accept and pay for the return of the product, or possibly offer a rebate towards the product’s purchase price to offset the missing functionality. Or one day you might find that we list a product for 0.01 USD which regularly sells for 100 USD. The error was probably computer-based in which case we would probably cancel the orders resulting from the increased attractiveness of the product without resorting to further compensation because the error was discovered prior to being actually shipped. Once again, the appropriate response will be considered on a case by case basis.


From time to time you may receive emails from us. We will try to keep these to a bare minimum according to the need to communicate important information to you. For example, when you place an order with us, we send out an order confirmation email. When the product is ready to be shipped, we send out a shipping confirmation email as well. Some people have issues with emails and it’s hard to blame them. Spam is a big problem in this day and age. We hate spam too and have no intention of spamming you. Having said that, from time to time you may receive email from us regarding product information that we feel might be of interest to you.


From time to time we may receive complaints regarding color inaccuracies in our product photos. This happens a lot with e-commerce sites. We regret that such instances should occur but feel that such issues are beyond our control. Color reproduction varies widely from monitor to monitor based on monitor brand, monitor type, monitor resolution, monitor color support, monitor brightness, monitor contrast ratio, and even monitor response times. Add to that all the different platforms now available for looking at websites especially mobile devices, and this leads us to state emphatically that we cannot accept returns where the basis of the complaint is that the color of the product in the product photo as it appears on your screen monitor differs from the actual product when you receive it.


Quite often artwork to be found our own site may make fair use of popular media or media in general found primarily on the Internet. We would never knowingly use copy written work unless used with consideration of the four factors associated with fair use and copyright materials. Other times, works found on the Internet may not explicitly indicate their presence or absence of copyright. In such cases, if we have used your materials and you are the copyright owner, please contact us with proof supporting your ownership and we would be more than happy to discontinue using your work(s).


Regarding ordering products from EachLED.com, for the purposes of shipping to your country, as you are the buyer, your customs department and tax office will consider this as importing. In most cases, packages make it to their destination without difficulty but there might be times when importing results in seizures or taxes. Seizures might occur because certain products may not be allowed to be imported into your country. Taxes might occur because governments need income too. Therefore it is up to you to find out about what can or cannot be imported into your country as well as tax consequences.


The terms found in this document may change from time to time, with changes incorporated directly into this document. If you’d like to know when the changes last occurred in order to compare your previous understanding of the terms with the current terms, simply refer to the top of this document where the date of the last update will be provided.


Finally, regarding reviews of our products or comments on our blog, such content once it is in the public domain becomes the property of EachLED.com for future marketing efforts such as testimonials and other as needed purposes.

Copyright © 2015 EachLED.com. All Rights Reserved.
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