Terms of Use
This website is offered by INIFINITY X1 LEGAL ENTITY NAME d/b/a DURACELL LIGHTS.; a California corporation with its headquarters in San Diego, CA in the United States (hereinafter “Duracell Lights, “we”, “our” and “us”), to the user of this website (hereinafter “you and your(s)”) subject to your acceptance of the terms, conditions, and notices contained in these Terms of Use. These Terms of Use apply to your use of or visit to this website and all functions or features of this website, as well as all offers, sales, purchases and rentals of products or services sold through this website. By accessing and using this website, you signify your agreement to and acceptance of these Terms of Use, as they may be modified from time to time by DURACELL LIGHTS BY USING THIS WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS OF USE AS YOUR BINDING AGREEMENT.
ORDER ACCEPTANCE; PAYMENT: DURACELL LIGHTS will only accept orders made through this or a pre-approved co-seller website. Terms of payment shall be determined in DURACELL LIGHTS’s discretion and as otherwise agreed to in writing by DURACELL LIGHTS Your receipt of an electronic or other form of order confirmation does not signify DURACELL LIGHTS’s acceptance of your order, nor does it constitute confirmation of the order or DURACELL LIGHTS’s offer to sell. DURACELL LIGHTS reserves the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and DURACELL LIGHTS shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. DURACELL LIGHTS may require, at our option, that any order placed over a certain dollar amount receive DURACELL LIGHTS’s pre-approval. DURACELL LIGHTS may also require additional verification or information before accepting any order. An order is deemed accepted upon our shipment of the products ordered, and DURACELL LIGHTS will charge your credit/debit card upon such shipment.
ORDER CANCELLATION: Once an order has been placed, it may be cancelled, however if the product has been shipped at the time of cancellation, any shipping and handling fees incurred will be your responsibility. However, you may refuse delivery of your order upon receipt or return your order in accordance with our Return Policy. Any rerouting fees incurred at the time of refusing any product will be deducted from the refund.
SHIPPING AND HANDLING; SALES AND OTHER TAXES: Unless otherwise noted, shipping and handling fees will be charged separately. Sales and similar taxes shall be charged to you by Duracell Lights, as required by law.
COMPLIANCE WITH RETURN POLICY: In connection with returns of products purchased or rented at this website, you agree to comply with and be bound by the DURACELL LIGHTS Return Policy, which is incorporated herein by reference and made part of these Terms of Use. DURACELL LIGHTS reserves the right not to process any return that does not comply with our Return Policy.
REFUNDS: Certain sales of products on this website may be eligible for full or partial refunds. For more information, please refer to our Return Policy.
RETURN POLICY; 30 DAY RISK FREE TRIAL; MONEY-BACK GUARANTEE:
Returns
Our policy lasts 45 days. If after 45 days you wish to return our purchase and it does not fall under circumstances listed in our manufacturer’s warranty, unfortunately, we are not able to offer you an exchange or refund.
To be eligible for a return and full refund of your purchase price (excluding shipping), your item must be unused and in the same condition that you received it, including still being in the original packaging.
To initiate your return, please contact us at support@duracelllights.com or call us Monday – Friday 8AM-5PM PST at 1-866-544-4891 to get started. Please include or had ready your proof of purchase in the form of an order number.
Shipping
To return your product, you should mail your product to: Duracell Lights, 818 Vandalia Street, St. Paul, MN 55114
You will be responsible for paying for your own shipping costs for returning your item(s). Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Refunds (if applicable)
Once your return is received and inspected, we will notify you via email that we have received your returned item. We will also notify you of the approval or rejection of your refund. If your refund is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
There are certain situations where only partial refunds are granted (if applicable):
Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 45 days after delivery
Late or missing refunds (if applicable)
Please allow up to 15 business days before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at support@duracelllights.com.
Sale items (if applicable)
If returning an item that is unopened and in the same condition as when it was purchased that was previously on sale and you are within the 45-day return window, you will be refunded for the purchase price paid, less shipping costs.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at support@duracelllights.com and our customer support team will provide further instruction on how to exchange your damaged or defective product under our warranty policy.
Gifts
If you received the item as a gift send directly to you or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will be notified of your return.
Shipping
To return your product, you should mail your product to: Duracell Lights, 818 Vandalia Street, St. Paul, MN 55114.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
It is recommended that you ship your retuned product to us using a trackable shipping service or purchasing shipping insurance. We cannot guarantee that we will receive your returned item.
In the event we have provided a pre-paid shipping label to you, please obtain and record the tracking number for your records. One you have provided the product to our selected carrier, we assume the risk of loss or damages.
Please refer to the DURACELL LIGHTS Warranty for any returns due to defects in manufacture or workmanship.
PRODUCT AVAILABILITY: Although availability may be indicated on this website, DURACELL LIGHTS cannot guarantee product availability and products may not be available for immediate delivery. DURACELL LIGHTS reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance or cessation, DURACELL LIGHTS may, at its discretion, ship products which have substantially similar functionality and specifications to the products ordered, or cancel your order and refund any prior payment that you have made for such products.
INACCURACIES; TYPOGRAPHICAL ERRORS: DURACELL LIGHTS does its best to be accurate. However, DURACELL LIGHTS does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered by DURACELL LIGHTS is not as described, your sole remedy is to return it in accordance with our Return Policy. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from DURACELL LIGHTS suppliers, DURACELL LIGHTS shall have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the transaction and your order is cancelled, DURACELL LIGHTS shall issue a credit to your credit/debit card account for the amount of the charge.
TITLE AND RISK OF LOSS: Title to any ordered products will pass to you upon shipment of such products, except that title to any software included with the products will remain with DURACELL LIGHTS
PRIVACY POLICY: A complete statement of DURACELL LIGHTS’s Privacy Policy can be found on the DURACELL LIGHTS website. You acknowledge that you have read and understand the Privacy Policy.
PROPRIETARY INTERESTS: You have no rights in or relating to this website or any content, data, software, features or services provided on it (collectively, “DURACELL LIGHTS Site Content”). Except as provided below with respect to DURACELL LIGHTS Software or as DURACELL LIGHTS otherwise expressly provides on this website, you may not use, copy, distribute, create derivative works based upon or publicly perform or display any DURACELL LIGHTS Site Content.
Certain of the trademarks, logos and service marks displayed on this website, including, but not limited to, stylized DURACELL LIGHTS, DURACELL LIGHTS UltraLight, DURACELL LIGHTS Selfie, DURACELL LIGHTS Selfie Light (collectively, the “DURACELL LIGHTS Trademarks”), are trademarks of DURACELL LIGHTS. All other trademarks, product names, company names and logos not owned by DURACELL LIGHTS that appear on this website (“Third Party Trademarks”) are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, or otherwise, any license or right to use any of the DURACELL LIGHTS Trademarks or Third Party Trademarks displayed on this website. You are prohibited from using any of the DURACELL LIGHTS Trademarks as meta tags without our prior written consent. Use of the DURACELL LIGHTS Trademarks or Third Party Trademarks, or any other content on this website, except as provided in these Terms of Use, is strictly prohibited. You may not copy, publish, modify, disseminate or use this website or its contents for any purpose other than to obtain information about or purchase or rent products from DURACELL LIGHTS or its affiliates, and your right to visit this website is at all times subject to revocation by DURACELL LIGHTS You are prohibited from framing this website or using frames or framing techniques or technology to enclose any content included on this website without DURACELL LIGHTS’s prior written consent. When accessing this website, you agree to obey the law and to respect the intellectual property rights of others. Your use of this website is at all times governed by and subject to laws regarding trademark and copyright ownership and use of intellectual property.
SITE AVAILABILITY AND SECURITY: At any time and from time to time, all or any portion of this website may not be available or may not function properly. This website may have and may cause technological problems, including viruses and other malicious or damaging computer programs. DURACELL LIGHTS disclaims liability for any interception of data or communications. DURACELL LIGHTS does not guarantee the security of this website. DURACELL LIGHTS is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of this website or resulting from your use of this website.
ELECTRONIC COMMUNICATIONS: When you visit this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications. We will communicate with you by email or by posting notices to this website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONSENTS, CHANGES, AND APPLICABLE LAW: DURACELL LIGHTS reserves the right to modify or alter this website and its contents and the policies and conditions that govern the use of this website, including these Terms of Use, the Return Policy and the Privacy Policy, at any time. Please review these Terms of Use and our other policies periodically for any modifications, alterations, or changes. If you visit or otherwise use this website after we change these Terms of Use or other policies, the changed Terms of Use and/or policies will be binding and effective as between DURACELL LIGHTS and you. However, such changes will not be effective retroactively – that is, with respect to activities before we posted the changes – except to the extent that the changes expressly state otherwise. If you do not visit or use this website after any such change, or if you visit this website just enough to learn of such change and then refrain from any further visit to or use of this website, the changes will not be effective as between DURACELL LIGHTS and you. Notwithstanding the foregoing, changes required by, or implemented in response to any change in, applicable laws, ordinances or regulations will be effective whether or not you visit this website.
These Terms of Use will be construed and enforced in accordance with the laws of the State of Texas applicable to contracts entered into and performed in Texas by residents of Texas. Any action or proceeding between you and DURACELL LIGHTS or any of its affiliates arising out of or in connection with these Terms of Use or this website or any products or services that you purchase or rent at this website shall be brought only in a federal or state court located in Texas and you hereby irrevocably consent and submit to venue in and the personal jurisdiction of such courts for the purposes of litigating any such action.
INTERNATIONAL USERS: We control this website from our offices within the United States. We make no representation that the content on this website is appropriate or that access to such content is lawful in all jurisdictions. Those who access this website from outside of the United States are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting this website, you acknowledge and agree that we may use any data collected in the course of our relationship for the purposes identified in the Privacy Policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States, as further discussed in our Privacy Policy. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States and used for legitimate business purposes as described in the Privacy Policy, and in accordance with GDPR policies as further described in the Privacy Policy. You agree not to provide data at this website or take any other action which is prohibited or restricted by laws of jurisdictions outside of the United States to which you are subject. Product and shipping prices may vary for international customers. Please visit our list of authorized resellers on our website.
AFFILIATED AND THIRD PARTY SITES: DURACELL LIGHTS has no obligations or liabilities relating to any third party websites or materials. If you access any third party website through this website or otherwise, you do so at your own risk, even if you use a hyperlink that DURACELL LIGHTS supplies or otherwise learn of the website from DURACELL LIGHTS or through this website. DURACELL LIGHTS works with a number of partners and affiliates to whose Internet sites this website may hyperlink. Hyperlinks to or from this website are for the user’s convenience only. Our inclusion of hyperlinks to an Internet site or providing information or recommendations relating to an Internet site does not, and should not be construed to mean that DURACELL LIGHTS endorses or sponsors or is affiliated with that Internet site. DURACELL LIGHTS makes no guarantees about the accuracy, currency, content, or quality of the information provided by third party Internet sites, including any partner or affiliate Internet sites, and DURACELL LIGHTS assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Internet sites. Similarly, from time to time in connection with your use of this website, you may have access to content or materials that are owned or supplied by third parties. You acknowledge and agree that DURACELL LIGHTS makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of such third party content or materials.
INDEMNITY: You will indemnify DURACELL LIGHTS and its affiliates, officers, directors, employees, consultants, agents, and representatives and hold them harmless from any and all claims, actions, losses, liability, demand, damages, and/or costs or expenses (including reasonable attorneys’ fees and costs) arising from your violation of these Terms of Use.
CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS: This website may contain estimates, projections or other statements that are forward-looking in nature (“Forward-Looking Statements”). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. DURACELL LIGHTS undertakes no obligation to publicly update or revise any Forward-Looking Statements.
SEVERABILITY WAIVER: If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
NO THIRD-PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.
ENTIRE AGREEMENT: You agree that these Terms of Use and the other documents referenced herein (including the Privacy Policy and our Return Policy), constitute the entire agreement between you and DURACELL LIGHTS with respect to use of this website. You also may be subject to additional terms and conditions that may apply when you use or purchase or rent certain affiliate or other third party services, products, content, or software.
DISCLAIMER AND LIMITATION OF LIABILITY: DURACELL LIGHTS MAKES NO REPRESENTATION OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED HEREIN. THIS WEBSITE, INCLUDING ALL INFORMATION CONTAINED HEREIN, AND ALL SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS CONTAINED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, EXCEPT TO THE EXTENT OF ANY WRITTEN WARRANTY THAT DURACELL LIGHTS PROVIDES TO YOU TOGETHER WITH ANY SPECIFIC PRODUCT OR SERVICE THAT YOU PURCHASE OR RENT AT THIS WEBSITE. EXCEPT WITH RESPECT TO SUCH WRITTEN WARRANTIES, DURACELL LIGHTS INC HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE AND ITS CONTENTS, OPERATION AND SECURITY AND THE INFORMATION, SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS PROVIDED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO NINETY (90) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
DURACELL LIGHTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS SITE, OR THE SERVER ON WHICH THIS WEBSITE IS LOCATED, OR EMAIL SENT FROM DURACELL LIGHTS ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED OR RENTED AT THIS WEBSITE, EXCEPT DAMAGE AND LIABILITY RESULTING FROM DURACELL LIGHTS’S NEGLIGENCE OR A DEFECT IN THE ITEM. DURACELL LIGHTS’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU IN CONNECTION WITH ANY CLAIM THAT RELATES TO ANY PRODUCTS OR SERVICES THAT YOU PURCHASE OR RENT AT THIS WEBSITE SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF OR RENTAL AMOUNTS PAID FOR, AS APPLICABLE, THE PRODUCTS OR SERVICES ORDERED BY YOU THAT ARE THE SUBJECT OF THE CLAIM.
IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) SHALL DURACELL LIGHTS OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THIS WEBSITE, EVEN IF THE PURCHASER HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE PROVISIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES ARE ESSENTIAL TERMS OF THESE TERMS OF USE THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. ACCORDINGLY, THOSE PROVISIONS WILL BE INDEPENDENT OF ANY OTHER PROVISIONS AND WILL BE ENFORCED REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE RELATING TO THESE TERMS OF USE, THIS WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED OR RENTED AT THIS WEBSITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES WILL REMAIN FULLY VALID, EFFECTIVE, AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE.
FORCE MAJEURE: DURACELL LIGHTS shall not be liable for any failure to perform any of its obligations under these Terms of Use if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond the reasonable control of DURACELL LIGHTS, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department or other entity or act of God. In such an event, DURACELL LIGHTS may elect to cancel your order and refund any payments made.
Terms of Use Changes
Although most changes are likely to be minor, DURACELL LIGHTS may amend its Terms of Use at any time by posting the amended version on the DURACELL LIGHTS Sites or by providing such notice about or obtaining consent to changes as may be required by applicable law.
Questions
If you have any questions regarding this Terms of Use, please email DURACELL LIGHTS at support@duracelllights.com
Last updated on October 1st, 2021