Terms and Conditions

  • Conditions

LUMENGY 2024 Terms and Conditions of Sale and Use

1. Website and Content Ownership

All content presented or displayed on this website, including but not limited to text, graphics, photographs, images, moving images, sound, illustrations, and software (“Content”), is owned by www.lumengy.com, its licensors, and its content providers. All products are copyrighted or trademarked by their respective manufacturers. Every aspect of this site and its Content is protected by trade dress, copyright, moral rights, trademark, and other laws pertaining to intellectual property rights. No piece or aspect of this website or its Content may be duplicated or retransmitted by any means, and this website, its Content, and all related rights shall remain the exclusive property of www.lumengy.com or its licensors or content providers unless otherwise explicitly agreed upon. You shall indemnify LUMENGY LLC, its licensors, and content providers against any losses, expenses, costs, or damages incurred by any of them resulting from your breach of these Terms of Sale and Use, including your unauthorized use of the Content and related rights.

“www.lumengy.com” and its logo are trademarks of LUMENGY LLC.

2. Pictures and Technical Details

Manufacturers may make changes to the appearance or performance of their products. We attempt to provide accurate pictures and technical details of products but are not responsible for minor variations in appearance or performance.

  • In some cases, we supply pictures of several colors of a product that may not include a color offered for sale because we do not have a picture of that color. We might also use renderings to showcase how the product might look.
  • The color and contrast of pictures vary by monitor and printer. Lumengy recommends buying one unit to test the size, color, brightness, and color temperature before placing a large order to ensure satisfaction.

3. Prices

Prices shown do not include shipping or sales tax. We strive to avoid errors of any kind, especially pricing. If we make an error in pricing, we will notify you of the correct price as soon as we can. We make no representations or warranties as to the Content’s accuracy, correctness, or reliability.

4. Availability and Submission of Order

www.lumengy.com offers only products it believes are available. If we discover we are unable to fulfill your order for any reason, we will notify you as soon as we can. You will not be charged for the items not shipped.

  • To avoid errors and/or duplication, LUMENGY requires all orders in writing.
  • Telephone or verbal orders are not accepted and are not binding.
  • Purchase orders should be emailed to our office.

5. Fulfillment and Shipping

At LUMENGY, we utilize multiple fulfillment centers, including Amazon for storage and fulfillment, and also ship directly from our warehouse to ensure prompt delivery of your orders. Once the products have been shipped, the liability for the shipment passes to the shipping carrier and is no longer the responsibility of LUMENGY. This means that we are not responsible or liable for any of the following issues once the package has been handed over to the shipping carrier:

  • Missing Shipments: If the shipping carrier loses the package during transit, we will assist you in filing a claim with the carrier, but LUMENGY cannot be held liable for the loss.
  • Stolen Packages: We are not responsible for packages stolen from your porch, front door, or any other delivery location. It is recommended to ensure a secure delivery location.
  • Damaged Packages: If your package arrives damaged, refuse to accept the package if possible. Otherwise, take photographs and notify us immediately. We will assist you in filing a claim with the shipping carrier, but LUMENGY cannot be held responsible for damages incurred during transit.
  • Missing Items: If any items are missing from your shipment, please notify us within 24 hours by email at info@lumengy.com. Take pictures of the boxes and retain any receipts or packing slips inside the box (without the receipt inside the box, we cannot accept any claims).

Filing a Claim: If you encounter any of the issues mentioned above, please follow these steps to file a claim with the shipping carrier:

  1. Document the Issue: Take photographs of the package, including any damage, evidence of tampering, or missing items. Keep any receipts or packing slips inside the box.
  2. Contact the Shipping Carrier: Reach out to the shipping carrier’s customer service to report the issue and initiate a claim. Provide all necessary documentation, including photographs and tracking information.
  3. Notify LUMENGY: Inform us of the issue within 24 hours by emailing info@lumengy.com. We will assist you in the claim process to the best of our ability, but please note that our role is limited to facilitation and support.

We strive to ensure that all orders are packed securely and comply with the shipping carrier’s requirements. However, it is important to understand that once the package is out of our hands, we have no control over its handling and delivery.

6. Stock Availability

Our lights are extremely in demand, and sometimes the system can make a mistake if several people order at the same time. We reserve the right to cancel your order if the system made a double order.

  • We will refund your money, or you can agree to wait until new stock arrives.

7. Amazon Stock and Fulfillment

We utilize Amazon to store some of our stock and provide fulfillment. Amazon is very reliable and offers fast delivery.

  • However, we cannot match prices on Amazon or vice versa.

8. Shipping Time

For orders of fewer than 20 items, delivery may take 3-5 business days. For larger orders of 20 items or more, delivery may take 7-24 days. Multiple boxes may be shipped separately and may arrive on different days. There may be delays by the shipping company, and we have no control over such delays. Always check the emails you receive for tracking numbers and the status of your delivery.

9. Installation of Products

Installation must be performed by a qualified and licensed electrician.

  • Any installation of the Products by someone other than a qualified, licensed electrician shall be performed by Buyer at Buyer’s own risk and liability.
  • Installation must comply with all local, state, and federal laws, rules, codes, and regulations.
  • Ensure future replacements by making sure wires are accessible or use inside conduit.
  • Any cost replacements will not be the responsibility of Lumengy.

SELLER SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, PROPERTY DAMAGE, INJURY, OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLER’S PRODUCTS.

10. Returns

Items must be returned within 30 days of purchase.

  • All items must be in new and unused condition, with original packaging (items that are opened will not be refunded).
  • Please include the order number on the package when returning an item.
  • Customers are responsible for paying the shipping costs for returns.
  • Once we receive the returned items, we will process a full refund within 3-5 business days.

To start a return, please go to Return Policy.

11. Warranties

ALL PRODUCTS ARE SOLD “AS IS,” AND www.lumengy.com DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. The warranty guarantees that products will be free of defects in material and workmanship when the products are installed, operated, and maintained according to applicable codes and regulations, supplied instructions, and under conditions of ‘normal use’ – for the time periods defined below.

We offer a warranty for our products as follows:

  • 2 years warranty for our solar lights.
  • 3 years warranty for our paver lights and in-ground lights.
  • 5 years warranty for our hardscape lights.

In case of a warranty request, please contact us via the contact form. Before you contact us, please check the specific light by connecting it directly to the transformer, as 99% of the issues are connectivity issues when wires are not connected well.

  • Warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, improper packaging of Products returned to Seller, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair by someone other than Seller.
  • Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered is the application of DC (direct current) power when AC (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers.
  • Warranty does not cover ‘Acts of God’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, and other extreme weather events.
  • Warranty does not cover water damage to Products (not specifically sold as Underwater Products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows.
  • Transformers must be installed according to provided instructions – evidence of improper mounting or wiring voids the warranty. Transformer housings, when mounted on oceanfront properties, must be protected from direct contact with salt spray.
  • It is normal for natural brass and copper finishes to patina, oxidize, and change colors. It is also normal for other types of finishes such as powder coatings to discolor or blister when exposed to sunlight, irrigation systems, reclaimed water, sea water, acid rain, and other sources of aggressive agents. These coatings may also be affected by physical factors resulting in damage to the coatings. These changes are not covered by warranty. Warranty does not cover normal patina or discoloration of finishes on fixtures, including residue build-ups from outside contaminants, as this is normal for natural metals and part of the authentic beauty of solid brass and copper in outdoor environments. Our solid brass and copper fixtures can be cleaned with metal cleaner for those customers who have hard water stains or do not like natural patina.
  • These warranties extend only to the Product ownership by the original purchaser and are void when the original purchaser ceases to own the Product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise.
  • These warranties do not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced Product.
  • If a Product is covered under any of the foregoing warranties, such Product will be replaced or repaired, or, at the Seller’s sole option, the purchase price will be refunded.
  • The foregoing warranties are exclusive and in lieu of all other warranties. Seller makes no representations or warranties except as expressly set forth herein. Seller expressly disclaims all other representations and warranties, express or implied, including, but not limited to, any supplier or distributor of Seller that modifies or amends this limited warranty.

For any warranty claims, please visit Warranty.

12. Limitation of Liability

The foregoing limited warranty provides the buyer’s sole and exclusive remedy relating to seller’s products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, seller shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if seller has been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (B) any claims, demands, or actions against buyer by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of seller’s products; (D) any loss or claims arising out of or in connection with buyer’s implementation of any advice, recommendations or instructions by seller based on, resulting from, arising out of or otherwise related to the products.

IN ALL CIRCUMSTANCES THE MAXIMUM LIABILITY OF LUMENGY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD.

13. California Proposition 65

WARNING: Chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm may be present in products sold here. Wash hands after use.

14. Typographical Errors

In the event that any of Seller’s Products are mistakenly listed at an incorrect price, Seller reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.

15. Indemnification

You agree to indemnify, defend, and hold harmless www.lumengy.com, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

16. Copyright

The entire content included in this site, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws and is the property of www.lumengy.com. The collective work includes works that are licensed to www.lumengy.com. Copyright 2003, 2011 www.lumengy.com, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.lumengy.com or purchasing www.lumengy.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.lumengy.com or to purchase www.lumengy.com products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by www.lumengy.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

17. Trademarks

All trademarks, service marks, and trade names of www.lumengy.com used in the site are trademarks or registered trademarks of www.lumengy.com, including LUMENGY®.

18. Design Patents

  • Most of Lumengy’s products are designed by Lumengy and are protected by design patents.
  • Some design patents are registered, and some are pending registration.
  • Lumengy is very protective of its intellectual and design products and will seek legal action against any similar products sold by other individuals or companies.
  • Lumengy will pursue legal action and seek reimbursement for legal fees in cases of patent infringement.

19. Severability

If any provision of these Terms of Sale and Use is held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction or arbiter, such provision shall be deemed severed from these Terms of Sale and Use, and the validity of the remainder of these Terms of Sale and Use shall not be affected thereby.

20. Governing Law and Venue

These Terms of Sale and Use shall be governed by and construed in accordance with the laws of California applicable to contracts made and to be enforced wholly within California, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Circuit Courts of the State of California in Los Angeles County or the Federal District Court nearest Los Angeles (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, www.lumengy.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of LUMENGY, such action is necessary or desirable.

21. Waivers and Amendments

The waiver by either Party of any provision of these Terms of Sale and Use on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale and Use on any other occasion or upon any other circumstances.

22. Sales Tax

If your shipping address is in the U.S. but not California, we do not withhold sales tax. If your shipping address is in California, we are required to withhold sales tax unless you will resell the product AND have a valid Seller’s permit. In that case, please print out, complete, sign, and return to us our Resale Certificate. We cannot process your order until you do this. You only need to do this the first time you buy from us, and periodically thereafter if we request it.

23. Duties Fees

If your shipping address is outside the U.S., you are responsible for paying any duties due.