Welcome to the H & H Appliance Center, website located at hhappliance.com (hereinafter "We", "Us", "Our") and thank You (any visitor to Our web site) for considering Our products and services.
Upon registration, by checking the provided check box, You hereby agree to the terms and conditions of this Terms of Service (hereinafter "Agreement") which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us.
Screen Name and Passwords
You hereby agree that You are responsible for all actions taken under Your Screen Name and Password. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.
Our goal at hhappliance.com is to make Your purchasing experience easy and efficient. If You have any questions about Our purchase policies, please contact Us at Vince@hhappliance.com, Jen@hhappliance.com, Nicole@hhappliance.com.
Any and all sales or use tax will be Your responsibility. Sales tax calculations on the web site are an estimate only. Your true sales tax, if applicable, will be calculated and presented to You at the time of product delivery.
We maintain a PCI compliant shopping cart. The Payment Card Industry Data Security Standard (PCI DSS) is a set of requirements designed to ensure that all companies that process, store or transmit credit card information maintain a secure environment.
When You make purchases from Us using Your major credit card, You agree to honor the terms and conditions of Your cardholder agreement.
Refunds will be handled according to Our store's policies. Please contact Vince@hhappliance.com, Jen@hhappliance.com, Nicole@hhappliance.com for a copy of Our store's policies.
We provide You every opportunity to save on Your purchase. We offer rebates directly from the manufacturers and from Our buying groups. Most rebates and coupon offers are subject to their own terms and conditions as specified by the rebate sponsor and processor. If You have any questions on Our rebates, please contact Us at Vince@hhappliance.com, Jen@hhappliance.com, Nicole@hhappliance.com.
Product or Pricing Inaccuracies
While we take every precaution to insure all products and pricing are correct on Our web site, mistakes do occur. Should You find a mistake please contact Us at Vince@hhappliance.com, Jen@hhappliance.com, Nicole@hhappliance.com. Prices and the availability of products and Our services are subject to change without notice. Despite Our best efforts, we will, from time to time, make pricing mistakes. We will endeavor to promptly correct any mistakes as we become aware of them. We reserve the right to revoke any offer and/or correct any error at any time, including after an order has been submitted and even in the event that Your method of payment has been charged. Any disputes related to pricing will be resolved at Our sole and complete discretion.
WebFronts™ is a Trademark of Retailer Web Services, LLC and Evolution Vertical LLC. You understand and agree that Retailer Web Services, LLC and Evolution Vertical, LLC, merely maintains the web site for Us and is not a party to this contract.
OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
PRODUCT INFORMATION AND DESCRIPTIONS -- WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, SPECIFICATIONS OR OTHER CONTENT OF THIS SITE ARE ERROR FREE, ACCURATE, COMPLETE, RELIABLE, OR CURRENT. IF A PRODUCT OFFERED OR SOLD BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION IN ACCORDANCE WITH OUR RETURN POLICY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.
You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.
Neither party shall be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
You may not assign Your rights or obligations under this Agreement without Our prior written consent.
Intended For Users that are Residents of North America and are Over 18
Our services are available and may only be used by, individuals who are residents of North America and who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least 18 years old, that you reside in North America, and that all registration information You submit is accurate and truthful. You agree to comply with all local laws regarding online conduct and acceptable content.
In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at Vince@hhappliance.com, Jen@hhappliance.com, Nicole@hhappliance.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. Any resolution to Your dispute will be considered by Us in good faith and You agree to abide by Our decision. Should You seek a remedy in a court of law, it will be Your responsibility to pay Our legal fees. In addition, You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. This Agreement and Your use of Our web site are governed by the laws of the State of Delaware, and the New Castle County Court of Chancery of the State of Delaware will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys' fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement. You understand and agree that Retailer Web Services, LLC and Evolution Vertical LLC, merely maintains the web site for Us and is not a party to this contract.
License and Site Use
We grant You a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with Our express written consent and the express written consent of Retailer Web Services, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent of and the written consent of Retailer Web Services, LLC. You may not frame or utilize framing techniques to enclose any of Our trademark, logo, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent. Any unauthorized use terminates the permission or license granted by Us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Our home page so long as the link does not portray Us, Our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use Our logo or other proprietary graphic or trademark as part of the link without express written permission.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, the parties agree that such invalidity shall not affect the validity of the remaining portions of the Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.
This Agreement is effective as of September, 23, 2015. We reserve the right to revise this policy from time to time without prior notice. You will be notified of any material changes in Our Terms of Service either by email or by a conspicuous posting on Our Web site.
- All merchandise, excluding special order and/or custom built items, is promised for delivery to you on or before the date specified on the sale ticket. If the merchandise ordered by you is not delivered by the promised delivery date, H&H Appliance Center offers you the choice of 1) canceling your order with a prompt, full refund of any payments you may have made, or 2) accepting delivery at a specific later date.
- Any and all permits needed, including expense and cost for obtaining are the responsibility of the Buyer.
- All electrical work to be done by Buyer at Buyer's own expense.
- 220 volt line cords are not provided with purchase of electric dryers or electric ranges. Gas flex lines are not provided with purchase of appliances and are an additional charge.
- The agreement of delivery of appliances to a location is under the condition that there is "normal" access, as determined by H&H Appliance Center, to the location of delivery.
- When normal re-installation of free-standing appliances is provided by H&H Appliance Center, H&H Appliance Center is not responsible anything other than "normal" installation. Examples of items not included in "normal" installation: moving of gas pipes, extended washer hoses, side-venting or down-venting dryers, and anything else determined by H&H Appliance Center as not included as "normal" installation. All materials are an extra charge. If a range appliance has been purchased which requires the installation of an anti-tip protective bracket, H&H Appliance Center recommends the installation of the anti-tip protection bracket. We will install this bracket if installation of the range was previously agreed upon and the installation of the bracket is "normal". H&H Appliance Center will not install anti-tip into concrete or ceramic tile.
- Extra charges will be applied for removal of any appliance and/or moving appliances to another area on the premises.
- Installation of built-in appliances can be provided by others at an additional cost. Examples of built-in appliances: dishwashers, hoods, cook tops, wall ovens, built-in refrigerators, water heaters, wooden panels, and water lines for ice makers.
- Delivery people are personally responsible for any and all physical damages they make. Any damages must be brought to the delivery people's attention at time of delivery.
- The surface over which your new appliance must pass (maybe/has been determined to be) of such a nature that despite the care of our delivery person, delivery to the installation spot may result in scratching, cracking, marring, or similar damage to the floor. Consumer hereby consents to the delivery and installation of the appliance and waives any and all claims for damage to the floor as a result thereof.
- Walkways must be finished going into house for safe delivery of products. Walkways must also be cleared due to inclement weather before delivery personnel arrive with products; otherwise delivery will be rescheduled. A redelivery charge will apply if delivery needs to be rescheduled.
Rebate, Warranty, and Service
- Manufacturer rebates are based upon the actual delivery date of the appliance. H&H Appliance Center assumes no responsibility for rebates due from manufacturer.
- All warranties are manufacturers' warranties.
Pricing and Returns
- Under conditions of this sale it is understood that this merchandise is consigned to the Buyer and that the title of the merchandise listed hereon remains in the name of H&H Appliance Center, LLC until the payment is made thereon. All checks received are subject to full collection. A charge of $30.00 will be made for checks returned. The Buyer agrees to pay reasonable attorney fees, if any, if a collection or repossession action becomes necessary. The Buyer also agrees not to sell, mortgage, mutilate, or take out of the state this merchandise until he has paid in full. H&H Appliance Center reserves all rights as a Seller of Goods under NJSA 12:2A-101 ET SEQ.
- A deposit of 20% of the total order must be paid at the time of sale. Before scheduling delivery, the order must be paid in full unless otherwise specified by management in writing.
- Confirmed order or quoted prices, accompanied with a 20% deposit are valid for 90 days. Quoted prices with no deposit are not guaranteed. Appliances are subject to manufacturer availability and price changes unless paid in full.
- It is the Buyer's responsibility to obtain a receipt for all merchandise purchased and for all merchandise returned for credit, and to be able to produce such a record if a return is questioned. Any discrepancies with billing or purchase problems must be made in writing and received by H&H Appliance Center within 30 days.
- All amounts on sale tickets are subject to sales tax and addition verification. Any undercharges or overcharges will be corrected and the amount outstanding is due even if the purchase is marked "PAYMENT IN FULL".
- All special order items are non-returnable and non cancellable for a refund or credit. All delivered merchandise is first subject to a service call by a manufacturers authorized service agent prior to any consideration for return pending manufacturer's authorization. Any items deemed returnable are subject to a restocking fee not to exceed 30% of the purchase price and reinstallation fee, delivery, and/or pick up charge.
- Refunds for returned merchandise or for canceled orders paid for by check will be issued not before 10 business days after the return or cancellation.
- Trim kits and hood liners are considered special ordered special order items. If returned, the item must be unopened in the sealed box from delivery. A 50% restocking fee will be charged for these items.
- Appliances are subject to manufacturer availability and unless paid in full at the time of sale. Sale price changes may occur.
- All sales are final unless otherwise noted in writing by management or H&H Appliance Center decides to return.