Terms of Service

Terms and Conditions of Use

Welcome to House of Appliances, Inc. (“House of Appliances”). These Terms & Conditions of Use and the policies and documents incorporated herein (the “Terms” or this “Agreement”) apply to the purchase and sale of products and services provided by House of Appliances, and can be found on https://www.houseofappliancesinc.com/ and govern your use of our website, any associated mobile sites, services, applications, or platforms (collectively, the “Site”).

THIS PAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM HOUSE OF APPLIANCES, INC., YOU ACCEPT AND ARE BOUND BY THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM  HOUSE OF APPLIANCES, INC., IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH HOUSE OF APPLIANCES, INC. OR ANY THIRD-PARTY INSTALLER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF HOUSE OF APPLIANCES, INC.’S GOODS OR SERVICES BY APPLICABLE LAW. PLEASE NOTE THAT ANY SERVICES PROVIDED BY OTHER THIRD-PARTY INSTALLERS TO PERFORM WORK ARE SUBJECT TO SEPARATE TERMS AND CONDITIONS.

Definitions

1. "Customer” or “You” shall mean the individual, person, entity, or otherwise a Customer of any Products sold by House of Appliances, as well as any user of House of Appliances’ Site, who understands and agrees to the terms and conditions set forth herein, regardless of purchase.

2. “Delivery” shall mean the point when a Product is ready to be delivered or is in transit to its final destination in Florida, or its Delivery site. 

3. "Delivery date” or “Shipment” shall mean the point when a Product is handed over to the designated recipient, reaches its final destination, or reaches the Delivery site. 

4. “Delivery site” shall mean the final destination of Product(s) or Service(s), in Florida.

5. “Freight Forwarder” shall mean a person or company that organizes shipments for individuals or a business to get goods from House of Appliances to a market, customer, or final point of distribution, independent of House of Appliances or any of its affiliates.

6. “Invoice” shall mean the commercial bill consisting of the Order and the Purchase Price.

7. “Nonconforming Goods” shall mean only the following: (i) Product shipped is different than identified in Invoice or (ii) Product’s label or packaging incorrectly identifies its contents.

8. “Order” shall mean the approved Proposal form processed by House of Appliances for any and all Products and Services that the Customer agrees to purchase.

9. “Order Price” or “Purchase Price” shall mean the total funds to be paid by Customer to House of Appliances for Products, which may include delivery and installation services of any affiliates of House of Appliances or third-party service providers.

10. “Products” shall mean appliances, including but not limited to refrigerators, freezers, dishwashers, microwaves, ovens, cooktops, washers, dryers, barbecues, etc., as sold by House of Appliances.

11. “Proposal” shall mean the form that is completed by House of Appliances and sent to the Customer for review and approval, which includes the Customer’s information, model numbers, appliance and service descriptions, and prices.

12. “Quote date” shall mean the date that the House of Appliances team member prepared the Proposal, relevant for determining pricing and model revisions presented to the Customer.

13. “Service(s)” shall mean delivery and installation of Products sold by House of Appliances by House of Appliances or a third-party service provider.

14. “Target date” shall mean the date that the Customer anticipates it will be ready to accept delivery or pick up appliances from House of Appliances designated location.

15. “Warehouse” shall mean House of Appliances location storing the Product(s) purchased by Customer, prior to pick-up or delivery.

House of Appliances, Inc.
Terms and Conditions of Sale

1. Acceptance. All of these Terms and Conditions shall constitute a binding agreement upon Customer making, at least, a fifty percent (50%) deposit of the Purchase Price and acceptance by the House of Appliances of such Order.

2. Security Agreement. Customer hereby grants to House of Appliances a security interest, and House of Appliances hereby accepts such a security interest, in the Products purchased by Customer to secure the performance and payment of the obligations of Customer owed to House of Appliances Customer understands and agrees that these Terms shall form a valid and enforceable Security Agreement and Financing Statement with respect to the Products purchased and that the same may be filed by the House of Appliances in accordance with the provisions of the Uniform Commercial Code (UCC). Proceeds, profits, and any funds from or for said Products are also included in such security interest. Customer hereby agrees to assign and execute or produce any Financial Statement or any other document(s) necessary to grant House of Appliances a perfected security interest in the Products and to pay all necessary costs to protect the security interest created herein against the rights or interests of any third persons.

3. Product Availability; Prices. Products and services offered and/or provided by House of Appliances are subject to availability. House of Appliances shall not be liable for any delay or failure to obtain specific Product models resulting from a manufacturer discontinuing or being unable to supply said Product. House of Appliances uses reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service. House of Appliances preparation of a Proposal, or acknowledgement of an Order, means that the Customer’s request has been received, not that the price or availability of an item or service has been confirmed. House of Appliances reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to Customer(s). House of Appliances, in its sole discretion, may impose any manufacturers’ price increases to orders occurring before the date of delivery. House of Appliances, at its sole discretion, may choose to offer a comparable model with no additional liability to the Customer. In the event of a pricing or other error or omission, House of Appliances shall have the right, without liability, to correct the error or omission, revoke offers, or refuse or cancel any such order, regardless of whether the order is being or has been processed. If payment has already been made, House of Appliances will only be required to promptly refund the Purchase Price.

4. Default. In the event of default by (i) Customer’s failure to issue payment of any Order Price, to House of Appliances, or any of its obligations herein; (ii) institution of any bankruptcy, receivership, or insolvency proceedings by or against the Customer; or (iii) if the Customer makes any assignment for the benefit of creditors, the entire amount of the Purchase Price remaining unpaid, due, and owing to House of Appliances by the Customer shall immediately become due and payable, and House of Appliances may exercise its rights of enforcement under the Uniform Commercial Code (UCC) in the State of Florida from the date of any Customer Order confirmation from House of Appliances, and in conjunction with, in addition to, or in substitution of those rights, may, in its sole discretion, enter upon Customer’s premises to take possession of, assemble, and collect the Products or to render them unusable and may require Customer to assemble the Products at a mutually convenient place and time designated by House of Appliances so that House of Appliances may take possession of or properly dispose of said Products. The Customer understands, acknowledges, and agrees to the terms set forth in this Section. Voluntary waiver of Customer default or a condition set forth herein by House of Appliances shall not constitute a waiver of any other default or condition. If prompt payment of the amount due by and owing by Customer is not made within the time agreed upon by the parties, with that time being no later than the specified Delivery date, Customer understands and agrees that House of Appliances may refer this matter to a collection agency. In the event of default, Customer agrees to pay reasonable expenses incurred by House of Appliances in enforcing these Terms, including, but not limited to, reasonable attorney’s fees and costs for collection of any indebtedness created hereby.

5. Payment Terms. 

• Deposit. All Orders require a deposit of at least fifty percent (50%) of the Purchase Price at the time of placing the Order, with the remaining balance due prior to the initiation of any Delivery or Installation. Customer acknowledges, understands, and agrees that the total balance of the Order must be paid, and all funds paid must clear, before any Products will be delivered or installed. In House of Appliances’ sole discretion, payments not received within ten (10) calendar days after the date of Invoice shall incur a late charge of five percent (5%) (per annum) of the Order Price. Any payment not received within thirty (30) calendar days after the date of Invoice shall incur interest at the rate of eighteen percent (18%) per annum.

• Payment in Full. In House of Appliances’ sole discretion, it may require that Payment of the Purchase Price be required in full prior to the delivery or pick up of any Product(s) or Services. If full payment is not received prior to the delivery or pick-up date, House of Appliances reserves the right to cancel Customer’s order and to the extent that Customer has made a partial payment, House of Appliances reserves the right to refund all but ten percent (10%) of the partial payment made by Customer. 

• Credit Card Use. Please note that a three percent (3%) processing fee will be applied to each credit card transaction, including but not limited to refunds and adjustments. 

• Delivery and Installation. Customer acknowledges and agrees that House of Appliances, or any third-party service provider hired by House of Appliances, reserves the right to deny or postpone delivery or installation if the full Order Price has not been paid in full, even if the Customer has made a partial payment. In the event that delivery is delayed by the Customer for any reason, payment shall become due from the date on which Customer receives notice that House of Appliances, or any third-party service provider, is prepared to make the delivery. If delivery/installation is delayed by Customer for any reason, House of Appliances may also elect to require payment in full based on the Order Price. In the event that that Customer’s payment does not clear with House of Appliances on the day such delivery and/or installation services are to be performed, the trip charges and additional fees, referred to in Section 4 of House of Appliances’ Terms set forth below applies.

6. Returns and Cancellations. A minimum cancellation fee shall be applied to any and all cancelled orders in the amount of five percent (5%) of the Order Price. House of Appliances may consider a return request, in its sole discretion if all of the following conditions are met: i) Product must be refused at time of delivery, sealed and with complete packaging in-tact; ii) Product must be uninstalled and unused; and iii) Product must be complete, with manuals, no missing parts, and in the original box. Hoods, trim kits, duct covers, cords, handles, panels, and accessories are not returnable or refundable for any reason. Customer understands and agrees that manufacturer approved selection changes will be charged a restocking fee of twenty to seventy-five percent (20-75%) of the Purchase Price, as determined in House of Appliances’ sole discretion. Customer understands and agrees that restocking fees will be immediately charged to Customer upon Customer notice of return or cancellation to House of Appliances Special or custom order items cannot be canceled, returned, refunded, or exchanged for any reason. House of Appliances reserves the right to cancel orders, to limit the number of products and services ordered and to refuse such products and services to any customer without prior notification.

7. Pick Up. For Customers electing to pick up purchased Product(s), such Product(s) must be retrieved and removed from the House of Appliances location within thirty (30) calendar days of the pick up date provided by Customer at the time of placing the Order, (“Pick Up Window”). Failure to comply with the Pick Up Window shall result in Customer incurring monthly charges for each additional month the Product remains in the warehouse, pursuant to the Warehouse and Storage Fees set forth in Sections 10 and 11 hereunder. Customer understands and agrees that from the time Customer’s Order is ready for Customer pick up until the Product is no longer in the possession of House of Appliances, that the Product pricing shall be subject to change per manufacturers’ price increases and to compensate House of Appliances for warehousing such Product(s).

8. Clearance Products. All Orders on Clearance Products, or otherwise reduced-price items, (“Clearance Products”), must be paid in full at the time of purchase. For Customers electing to pick up the purchased Clearance Product(s), such Product(s) must be retrieved and removed from the House of Appliances location within seven (7) calendar days of Product arrival (“Clearance Pick Up Window”).  Failure to comply with the Clearance Pick Up Window shall result in Customer incurring monthly charges for each additional month the Product remains in the warehouse, pursuant to the Warehouse and Storage Fees set forth in Sections 10 and 11 hereunder. Customer understands and agrees that from the time Customer’s Order is ready for Customer pick up until the Product is no longer in the possession of House of Appliances, that the Product pricing shall be subject to change per manufacturers’ price increases and to compensate House of Appliances for warehousing such Product(s).

9. Delivery. Customer understands and agrees that delivery and installation services, within the State of Florida, for the Product(s) purchased from House of Appliances may be provided by an affiliate company or at House of Appliances’ sole discretion, a third-party service provider. By purchasing a Product from House of Appliances, Customer agrees to have the delivery and installation services carried out by House of Appliances, Inc, or a third-party installer whom may be used at the discretion of House of Appliances. Customer understands and agrees that House of Appliances is not responsible for any mishaps, damages, or disputes arising from the delivery and installation services provided by House of Appliances, or any third-party service providers at the direction of House of Appliances. Customer further understands and agrees that any delays in Delivery caused by Customer, for any reason, resulting in storage of such Product(s) by House of Appliances for more than thirty (30) days shall result in Customer incurring monthly charges for each additional month the Product remains in the warehouse, pursuant to the Warehouse and Storage Fees set forth hereunder. Customer understands and agrees that from the time Customer’s Order is ready for Delivery until the Product is no longer in the possession of House of Appliances, or its affiliates, that the Product pricing shall be subject to change per manufacturers’ price increases. For International Orders Only: Customer shall provide the true and accurate “Country of Final Destination” for any exported or international Orders with a final destination outside of the State of Florida to ensure an accurate bill of lading and tax information for House of Appliances’ records.

10. Warehouse. House of Appliances agrees to store the Product(s) ordered by Customer for a maximum of thirty (30) calendar days. On the 31^st day of House of Appliances storing the Product(s), it shall be considered a Warehouse with a lien against the Product(s) or the proceeds thereof in the possession of House of Appliances for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to Florida law. In the event that Customer defaults on, or otherwise fails to pay, the Purchase Price and/or Storage Fee(s), as defined below in Section 11, Customer understands and agrees that House of Appliances reserves the right to elect to sell the Product(s) ordered by Customer that are not picked up, or otherwise left in storage for, fourteen (14) days after providing Customer notice of such sale, in accordance with Florida law.

11. Storage Fee(s). On the 31^st day of House of Appliances storing the Product(s), Customer shall be charged a monthly fee of three percent (3%) of the total Order Price (“Storage Fee”), excluding delivery, installation, and taxes, per month for each month the Product remains in the warehouse. House of Appliances reserves the right to require payment of any charges and removal of the Product(s) from the Warehouse, given a notice of ten (10) business days to the Customer. Product pricing shall also be subject to change per manufacturers’ price increases.

12. Warranty. All Products are subject to the limits of the manufacturer’s warranty only (“Product Warranty”). House of Appliances does not assume responsibility for Product functionality and performance issues outside the scope of the manufacturer’s warranty, unless otherwise required by applicable law, and does not make any additional warranties or representations. Any such issues with Product functionality and performance shall be addressed with the manufacturer directly. Service or replacement of a Product after delivery is at the discretion of the manufacturer. House of Appliances and its affiliates shall not be liable for servicing or replacing any damaged or defective appliances under any circumstances and all such claims related thereto shall be made with the manufacturer directly. House of Appliances does not guaranty or otherwise assure performance of the manufacturer’s warranty. Any claim on account of any such warranty shall be made solely against the manufacturer and, notwithstanding any such claim; the Purchase Price shall be paid to House of Appliances on the terms set forth in the Invoice. All Products are sold “as is”. Customer assumes all responsibility for the use of the goods being sold. Provided there is normal, intended use and proper maintenance, HOUSE OF APPLIANCES MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OTHER THAN WHAT IS INDICATED HEREIN. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR OTHERWISE. HOUSE OF APPLIANCES IS NOT RESPONSIBLE FOR MISUSE OR MISAPPLICATION OF ITS PRODUCTS, INTENTIONAL OR OTHERWISE, IMPROPER APPLICATION, INSTALLATION AND FAILURE TO PROVIDE SAFETY DEVICES OR OTHER PROTECTIVE MEASURES ARE ALL BEYOND THE CONTROL AND RESPONSIBILITY OF THE HOUSE OF APPLIANCES.

13. For International Orders Only: For Orders placed and Product(s) purchased by Customer internationally, or otherwise with a final destination outside of the State of Florida, Customer expressly understands and agrees that such Product(s) have either a different or no warranty once the Product is outside of the State of Florida, and as determined by the scope of the manufacturer’s warranty.

14. Limited Liability. House of Appliances shall not be responsible for any consequential, incidental, indirect, or contingent damages whatsoever including without limitation loss profits. The Customer shall indemnify House of Appliances against any and all losses, damages, and expenses including attorney’s fees and other costs that it may sustain in defending any action based upon any claim of negligence, breach of implied warranty or similar claim arising directly for the act, omission or negligence of the Customer in connection with or arising out of the testing, use operations, replacement, or repair of any Product described hereunder and sold by House of Appliances to Customer. Customer understands and agrees that the rights of the House of Appliances hereunder may be assigned. Customer further agrees not to assert any claim or defense, which Customer may have against the House of Appliances, against any assignee of the House of Appliances.

    All model numbers provided have been reviewed and accepted by the Customer or Customer’s representatives as being what the Customer has selected to purchase, taking into consideration all details, including but not limited to, door swings, dimensions, panels, pumps, job site access, availability, electrical or plumbing supply. House of Appliances shall not be liable for ancillary matters, including but not limited to, misinterpretation of specifications, modifications to the Customer’s Delivery site, modifications of an appliance, or returns or exchanges to accommodate these Products as sold for any reason.

    House of Appliances shall not be responsible for any of the following, unless otherwise required by applicable law, including but not limited to, shipments through forwarding companies or third-party carriers, fees incurred by freight forwarders, fees incurred by freight forwarders who ship incomplete or incorrect orders. These are the responsibility of the freight forwarder. House of Appliances shall not be liable for any damage to Products delivered by third-party carriers. Once the goods have been handed over to the third-party carrier, House of Appliances' liability for any damage or loss ends. It is the Customer's responsibility to file a claim directly with the carrier for any damages, whether hidden or visible. House of Appliances will not credit Customer accounts for any refused order due to damages. House of Appliances’ liability ends once the Products have been delivered to any third-party service provider delivering the Products to Customer. 

    Appliance manufacturers’ specifications that may be provided by House of Appliances for the specified Products, are the responsibility of the manufacturer. House of Appliances shall not be held liable for any misprint or otherwise incorrect/inaccurate specifications provided by the manufacturer.

15. Representations.

    • By House of Appliances All Products sold by House of Appliances are standard United States voltage and cycles, 110-220V/60HZ, unless otherwise noted. 

    • By Customer. Customer warrants that all information provided to House of Appliances is true and accurate, including but not limited to contact information, Delivery site information, gas fuel type, if applicable, compatibility of Products and/or Services with the Delivery site, and payment information. Customer acknowledges, understands, and agrees that the performance of any and all obligations of the Customer arising out of these Terms, including the payment of any amounts due and owing by the Customer to House of Appliances is unconditional and is a continuing guarantee of payment, that shall be binding upon Customer and his/her/its/their heirs, executors, administrators, successors and assigns, until full payment of Order Price, with interest, is paid to House of Appliances.

16. Jurisdiction and Venue. Customer submits to the jurisdiction of the State Courts of the State of Florida for the resolution of any legal action arising out of this Agreement and agrees that venue for such legal action shall lie exclusively in Palm Beach County, Florida.

17. Amendments. House of Appliances reserves the right to make any amendments, modifications, or revisions to any of its Terms and Conditions, without notice to Customer. It is your responsibility to check this page frequently for any changes. You can review our complete and current Terms and Conditions on our website, https://www.houseofappliancesinc.com. 

House of Appliances
Terms and Conditions of Delivery and Installation Services

1. House of Appliances. Customer agrees and understands that House of Appliances, in its sole discretion, may or may not perform delivery and/or installation services, within the State of Florida, for its Customers. House of Appliances, in its sole discretion, may or may not subcontract a third-party service provider to perform or assist with any deliveries or installations.

2. Pricing. Any quoted delivery or installation pricing are estimates only and shall not exceed the quoted estimate by more than 20% unless otherwise agreed upon in writing by both parties. Standard delivery charges are based on a number of variables, including but not limited to, the required delivery team (standard two-person delivery team), Delivery site location, and accessibility (see “Access” below) with no particular time of day accommodations. Special circumstances, including but not limited to, multi-level installations or additional team members, equipment, or special services necessary to complete delivery or installation services shall result in additional charges to the Customer, as determined by House of Appliances. Product pricing shall be subject to change per manufacturers’ price increase and Customer understands and agrees that final pricing may not be provided until the time of shipment due to such price increases.

3. Delivery Date and Confirmation. The estimated delivery date is based upon the (i) Customer’s requested delivery date at the time of purchase; (ii) availability of House of Appliances, or third-party service provider; and (iii) Product availability, which is subject to change. A delivery confirmation call will be made by House of Appliances to the Customer or Customer’s authorized representative up to three (3) days prior to the scheduled delivery date to ensure that the Delivery site is prepared to receive Product(s) and complies with the “Access” requirements set forth hereunder. A call re-confirming the date may be made one (1) day prior to the anticipated delivery date. Changes to the confirmed delivery date must be received by House of Appliances no later than three (3) days prior to the agreed delivery date. Customer understands and agrees that it shall be charged in full, including trip charges, for causing missed delivery appointments or same day delivery cancellations. The price(s) of any undelivered/redelivered Product will be subject to subsequent price increase(s) that came into effect as of the date the order was placed through the date of actual Delivery.

4. Trip Charges; Additional Fee(s). You understand and agree to be responsible for any trip charges, which are charges that shall apply during the following circumstances, including but not limited to, i) where delivery was not completed due to customer error (i.e., incomplete construction, inaccessible or noncompliant Delivery site, cabinetry, wrong cutouts, etc.); ii) where standard delivery was scheduled and additional people, equipment, or services were deemed necessary to complete delivery (i.e. Customer’s failure to timely notify House of Appliances, in writing, of any multi-floor installations, etc.); or iii) any reason that results in more trips than the allotted number of trips. Note: Scheduling of any unaffiliated third-party installers, plumbers, electricians, etc., independent of House of Appliances’ services, are not recommended on the day of House of Appliances Delivery and House of Appliances shall not be liable for any expenses or charges, including but not limited to, cancellation or re-scheduling of independent installers, plumbers, electricians, etc. You further understand and agree that House of Appliances, Inc, or a third-party service provider contracted by House of Appliances may, in its sole discretion, cancel Delivery of Products to the Delivery site upon discovery or appearance of any independent third-party service providers, including but not limited to independent installers, plumbers, electricians, and movers, and that same shall result in the charge of non-refundable, additional fee(s) and trip charges.

5. Access. There must be a free and clear path of access to the delivery area and a paved delivery and entryway. Customer shall be solely responsible for providing floor protection, if necessary. Customer must give House of Appliances. at least three (3) days’ notice of whether or not there is elevator/lift access, dimensions of same, multi-floor delivery, or any other instances where installation may or may not be challenging. Railings must be installed on stairs if delivery is to be above the first floor. Water, electricity, cabinets, and countertops must be installed if installation of appliance(s) is required. Customer acknowledges, understands, and agrees to be solely responsible for ensuring that the correct gas fuel type of either liquid propane or natural gas, has been accurately reported to House of Appliances at the time of placing the Order and that any inspections or otherwise assessments to reveal the correct and accurate gas fuel type has been conducted at Customer’s sole expense, in order to ensure that House of Appliances has unobstructed access to  the Delivery site. Installations shall only be completed to existing cut-outs, electrical, and plumbing, which must comply with the manufacturer’s specifications and any applicable local codes House of Appliances shall not hardwire any appliance(s), except if required by code, and the Customer is responsible for providing a working outlet and disconnecting power from the breaker box. House of Appliances shall not be liable for any necessary modifications or adjustments to the job site. In the event that Customer fails to comply with the requirements set forth herein regarding clear access to the Delivery site, House of Appliances may, in its sole discretion, take back the Product(s) to House of Appliances warehouse to be held pursuant to the “Warehouse” Section. Customer understands and agrees to be solely responsible for any and all return and inventory fee(s), restocking fee(s), or additional charges for the return of any Product(s) to House of Appliances warehouse inventory. Customer warrants, understands, and agrees they have reviewed the manufacturer’s specs provided by House of Appliances for all Product(s) purchased by Customer, and warrants that the final destination/property/Delivery site complies with the standard requirements for the Product(s) Customer purchased. Such minimum standard Delivery site requirements are determined on a case-by-case basis (and subject to the Products’ specifications), and may include, but not be limited to, the presence of a paved driveway and clear access, flooring, cabinetry, countertops, plumbing, electrical, and space/capability of bringing appliances to a higher floor if necessary.

6. Delivery. Customer understands and agrees that House of Appliances does not and will not uninstall or haul away any existing Product(s) on delivery only contracts. Pursuant to this Section, House of Appliances, or any third-party service provider designated by House of Appliances, is solely responsible for delivery and installation services of the Product(s) at the Delivery site, so long as Customer purchased such services.  Any specified delivery dates contained herein are estimates only. If no date is specified herein, shipment will be made within a reasonable time. House of Appliances shall not be liable for any damages as a result of delays beyond House of Appliances’, or any third-party service provider’s, control, including without limitation, acts of God, governmental regulation, fire, accident, strike and difficulties in transportation, labor, or supply. 

7. Inspection. The Customer or Customer’s authorized representative must inspect the Product(s) and the premises at the time of delivery (“Inspection Period”) for any physical damage. Customer understands and agrees to notify House of Appliances of any physical damages or “Nonconforming Goods” discovered during the inspection, in writing, on the delivery receipt before signing off as completed delivery. Customer will be deemed to have accepted the Product(s) unless it notifies House of Appliances during the Inspection Period and furnishes such written evidence or other documentation as required by House of Appliances. House of Appliances shall honor any claims for physical damage to Product or premises if such damage can be proven to have occurred during delivery, and was noted on the delivery receipt by the delivery personnel. If Customer timely notifies House of Appliances of any Nonconforming Goods, House of Appliances shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the price for such Nonconforming Goods. 

8. Installation. Installation by House of Appliances. is optional and not included in delivery charges. Installation services are an additional charge to the Customer. Installation is exclusive of gas connections. Installation may not include plumbing or electrical connections if the site is not ready or if the Product’s manufacturer specifications have not been followed. If House of Appliances and its affiliates determine delivery and installation services cannot be performed using in-house service providers, Customer understands and agrees to enter into an independent service agreement with a third-party service provider (i.e. third-party delivery or installer, depending on the services Customer paid for). Customer understands and agrees that House of Appliances, is not responsible for any actions or inactions of third-party service providers, delivery, or installations, including but not limited to improper installations, damages to real or personal property, damage to appliances/products, and any physical injuries, whether directly or indirectly caused by third-party service providers. If requested, each Customer shall receive a list of third-party service providers.

9. Warranty. House of Appliances warrants the reasonable installation of the Product(s) for thirty (30) days free from defects in material and labor (“Warranty Period”). Customer’s exclusive remedy under this warranty is to repair the defective installation. In the event that any defects are discovered, outside of the Warranty Period, House of Appliances shall not be responsible for any repairs or replacements required for the continued use of any Products or appliances. 

10. Separate Delivery and Installation. In the event that delivery and installation of appliances are to be performed on different dates (i.e. delivery Monday and installation the following Wednesday), Customer(s) shall be liable for any damage to such appliances once delivered and prior to installation. Customer(s) understand and agree that House of Appliances shall not assume any liability or responsibility for any claims that arise after delivery.

11. House of Appliances reserves the right to make any amendments, modifications, or revisions to any of its Terms and Conditions, without notice to Customer. It is your responsibility to check our website frequently for any changes.

Privacy Policy

Our Privacy Policy is located at here and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.

Marketing Communications and Consent

By engaging with House of Appliances, whether through verbal communication, written correspondence, or other interactions, you consent to receive marketing communications from House of Appliances. This may include, but is not limited to, promotional emails, newsletters, text messages, and other marketing materials related to House of Appliances’ products, services, or special offers.

Opt-In Consent: Your engagement with House of Appliances (i.e., reaching out to us in a way that expresses interest in our products and/or services) is considered consent to receive such marketing communications. This consent applies to all communications initiated by House of Appliances to promote its products and services.

Opt-Out Option: Each marketing communication you receive from House of Appliances will include a clear and easy-to-use opt-out option. You may withdraw your consent and unsubscribe from future marketing communications at any time by following the opt-out instructions provided in each communication.

Compliance with Laws: House of Appliances adheres to all applicable Florida and federal laws regarding marketing communications, including the CAN-SPAM Act, the Telephone Consumer Protection Act, and Florida’s Telemarketing Act. You have the right to opt out of marketing communications at any time, and House of Appliances will honor such requests in accordance with these laws.

For any questions or concerns regarding our marketing practices or to exercise your opt-out rights, please contact us at admin@hoadelray.com.

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.

Purchase Policy

Our goal at houseofappliancesinc.com is to make Your purchasing experience easy and efficient. If You have any questions about Our purchase policies, please contact Us at admin@hoadelray.com.

Sales Tax

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. Local sales tax is calculated by county and based on the ship-to address.

Shopping Cart

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.

Return Policy

Refunds will be handled according to Our store's policies. Please contact admin@hoadelray.com for a copy of Our store's policies.

Rebates

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 admin@hoadelray.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 admin@hoadelray.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.

Trademarks

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.

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.

Indemnification

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.

Force Majeure

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.

Assignment

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.

Disputes

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at admin@hoadelray.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.

Severability

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.

Headings

The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

Agreement Updates

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.