Terms &

Conditions

Last Modified: June 20,2021

Acceptance of the Terms of Use

These terms of use (“Terms of Use”) are entered into by and between you (“you” or “your”) and Netherland Bulb Company and its affiliates, successors and assigns (“Company,” “we,” or “us”). The following terms and conditions govern your access to and use of [insert website URL], including any content, functionality, and services offered on or through the Company’s newsletter, and email notifications provided by us (collectively, the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at [LINK TO PRIVACY POLICY], which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

THIS WEBSITE IS OFFERED AND AVAILABLE TO USER WHO ARE AT LEAST 18 YEARS OF AGE. IF YOU ARE NOT AT LEST 18 YEARS OF AGE, DO NOT USE THIS WEBSITE.

Purchasing from Netherland Bulb Company

New Customers

  • For new customers, we kindly request a check, money order, or credit card. Netherland Bulb Company accepts Visa, Mastercard, and Discover. Your credit card will not be charged until our order is shipped.

 Existing Customers

  • Existing customers who wish to establish credit through our credit application process and are approved may order on credit and then pay their invoice within 30 days of receipt. A 1.5% interest charge will be applied monthly to any outstanding balances.

 Returned Checks

  • Returned checks will incur a $25.00 service charge.

 Returns

  • No returns will be accepted without prior authorization.
  • Any order refused at delivery time will be charged a 15% restocking fee.
  • All canceled orders will be subject to a 15% restocking fee.
  • All shipping fees are non-refundable.

Cancellations

  • Any order canceled after being processed or refused at delivery time will be charged a 15% restocking fee. All shipping fees are non-refundable.

Damages & Shortages 

  • Occasionally errors do occur during the fulfillment of your order. Please report any damages or shortages within 5 business days of the receipt of your shipment.

Shopping

  • Shopping bags. When you shop on the Website, you can use a shopping bag to keep track of the items you have selected until you are done shopping. You will be able to review and confirm your choices, your shipping and billing address and how you are paying for your items.
  • When you check out, the data is transmitted to our third-party payment processing company (at present, we use Verifone). Verifone stores your payment information on our behalf. If you use other means of payment (such as PayPal), you will be entering your information into those third-parties’ sites, and you should review those providers’ terms of use and privacy policies.
  • If any item you select is on back order, we will send you updates to let you know when it will be available. This notice will be sent to the email you give us when you are getting ready to check out.[1]

Pricing and Product Errors/Corrections:

  • We endeavor to present current, accurate, and reliable information regarding our products (“Products”). However, on occasion, this Website may contain typographical errors, inaccuracies, or omissions that may be with regard to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update Product information at any time without prior notice. If a Product is listed at an incorrect price due to an error on this Website, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your method of payment charged. If your method of payment has already been charged for the purchase and your order is then cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.

Fraud

  • If there is any concern about fraud or credit, we will notify you if we are allowed by law. We may be required by law to first report the problem to law enforcement officials.

Your Money

  • When you check out, and put in your payment information, you promise, represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes that could impact your order, your account or your payment.

Prices and Taxes.

  • Different locations require us to charge and collect sales tax at the time of check out. Except to the extent required under applicable tax laws, the actual tax amount that will be applied to your order and charged to your payment method is based on calculations on the date of shipment, regardless of when the order was placed.

Shipping Choices and Costs.

  • When you check out, you will select your means and timing of shipment. If you do not live in the United States, where we are based, depending on where we are sourcing Product to ship to you, you may also have to pay import duties that will be reflected in your final order summary.

Geographic Restrictions

  • The owner of the Website is based in the State of New Jersey in the United States. Access to the Website may not be legal by certain persons or in certain countries. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Prohibited Uses - You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Changes to the Terms of Use

  • We may revise and update these Terms of Use (including any policies or agreements which are incorporated by reference herein) from time to time in our sole discretion. If we make material changes to these Terms of Use, we will notify you by notice posted on the Website. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter (as indicated by the “Last Modified” date at the top of this page).
  • Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use each time you access this Website so you are aware of any changes, as they are binding on you.

Disclaimer of Warranties

  • You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
  • YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  • TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
  • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

  • TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
  • THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

  • You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

  • All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).
  • Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of the State of New Jersey or the federal courts of the United States located in the State of New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

  • ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

  • No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  • If any term, provision, covenant or condition of these Terms of Use, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all other provisions of these Terms of Use shall remain in full force and effect. Further, all provisions, covenants and conditions held invalid, void or unenforceable shall be reformed by such a court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion as to best effectuate the intent of the Company as evident with respect to the provisions, covenants or conditions that were held to be invalid, void or unenforceable.

Entire Agreement

  • The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Netherland Bulb Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Contact

Contact Netherland Bulb Company