Welcome to the Paradise Appliances, website located at gilbertappliancestore.com (hereinafter "We", "Us", "Our") and thank You (any visitor to Our web site) for considering Our products and services.
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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.
LIMITATION OF LIABILITY
Intended For Users that are Residents of North America and are Over 18
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Terms & Conditions
This section describes the Terms and Conditions of Contract for the appliances ("Products") you ("Customer") have purchased from Paradise Appliance ("Seller"). Seller is a "dent and defect" store. This means you may receive a better price for your purchased items than if you were to buy them without such cosmetic defects. INSTALLMENT AGREEMENT (IF MORE THAN 1 ITEM IS PURCHASED) This Contract is an installment contract. This means the Seller may deliver the Products by separate installments. Each separate installment shall be a separate Contract and no cancellation or termination of any one Contract shall entitle the Customer to repudiate or cancel any other Contract or installment. DESCRIPTION, PRICING, & PLACE OF INSPECTION The description and pricing of the Products shall be as found on the customer's Bill of Sale/Contract. Customer agrees that inspection of the Products is exclusively at the Seller's premises during normal business hours. For Products to be shipped to the Customer, the Customer agrees that any failure to personally inspect the Products at the Seller's premises prior to sale is a risk borne by the Customer. The Seller may send photos, drawings, samples, descriptive matter, specifications, and advertising ("Media") to the Customer. All Media issued by the Seller to the Customer are for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract. REFUNDS There are no refunds on any purchase of Products once payment has been made. Customer agrees to accept the Products upon purchase. Customer agrees that they will not attempt to charge back any purchased Products with their credit card company and will seek resolution of any dispute first via Mandatory Mediation and Arbitration as below. Customer agrees to liquidated damages of $3,500 16 for any charge backs made prior to resolution through Mandatory Mediation and Arbitration of disputes. Seller may, in its sole discretion, offer to exchange Products on a case-by-case basis (except for Special Orders, see below). Customer must return Products for exchange at their own cost to the Seller's premises. Customer agrees that only written confirmation of exchangewill serve as evidence of an agreement to exchange a Product, and no exchange is final until the Products have been delivered to, and accepted by, the Seller. Exchanges are further subject to denial if the Products are not in the same condition as when they left the Seller. SPECIAL ORDERS Special orders fulfilled by the manufacturer are non-refundable and non-exchangeable. Seller does not offer any warranty, exchange, refund or compensation for cosmetic damages on special orders. Seller does not make any warranty or representation for special orders, either express or implied, with respect to any manufacturer's product or documentation, its quality, performance, merchantability, fitness for a particular purpose, or conformity to any representation or description. DELIVERY AND SHIPPING AND TRANSFER OF RISK OF LOSS All deliveries of Products to the Customer are F.O.B. Paradise Appliances, Inc., (Seller's premises). Any dates specified for delivery of the Products are intended to be an estimate. Customer agrees that delivery shall not be made of the essence by any form of notice. The Customer agrees to receive notice of readiness for pick up or delivery by telephone call. Customer may collect the Products at the Seller's premises at any time after the Seller has notified the Customer that the Products are ready for collection. Customer agrees that if the Customer fails to take delivery of the Products when they are ready for delivery, risk of loss in the Products passes to the Customer including for loss or damage caused by the Seller's negligence. SHIPPING VIA THIRD PARTY SHIPPER & INSPECTION UPON DELIVERY Upon the Customer's request, the Seller may arrange to ship Products to the Customer's address through a third-party shipping company ("Shipper"). This does not waive or substitute the Customer's obligation to conduct personal inspection of the Products at the Seller's premises. Seller does not offer any warranties or assume any risk of loss or damage to the Products from shipping by the Shipper. Seller does not insure the Products for shipping. Customer must arrange separate insurance to cover risk of loss or damage of any Products by the Shipper. If the Customer requests the Seller to arrange a re-delivery of the Products following a failed delivery by the Shipper, the Seller reserves the right to make an additional charge for each such re-delivery. Customer understands that they have the obligation to inspect any Products being delivered to them by a Shipper prior to accepting delivery, which may include removing any necessary packaging and protective shipping material surrounding the Product to conduct the inspection. Customer understands that they should not sign and accept delivery of any Products without having first conducted an inspection of the Products, or face a potential claim denial by the Shipper. MANUFACTURER DEFECTS AND RIGHT TO CURE Within 72 hours days of delivery, if you find any manufacturer's defects with the Products, Customer agrees to report these defects in writing by email to email@example.com. If the Customer fails to notify the Seller by email within the above time limits of defect, the Customer loses any right to make any claim with respect to the alleged defect to the Seller. The Seller has the right to cure any manufacturer's defects by making another delivery of the Products that do conform to the Contract within a reasonable time. Customer agrees to first look to the Manufacturer's Warranty to cure any alleged defects. MANUFACTURER WARRANTY The Seller does not offer any express warranties of the Products except those Products whose Bill of Sale/Contract specifies a 90-day limited warranty. The Seller is a re-seller and not a manufacturer of the Products. The Products may be sold with a Manufacturer's Warranty, details of which will be dispatched with the Products. The Customer agrees that in the event of any product defect to seek resolution first through the manufacturer. Customer agrees that this may mean that the Products are repaired as opposed to replaced and must be handled directly with the manufacturer as opposed to the Seller. LIMITATION OF LIABILITY In no event shall either party be liable for incidental, special, indirect, consequential, or punitive damages from any alleged breach of Contract or tort. Seller is not responsible for food loss, water damage, property damage, fire, inconvenience, physical or mental distress, or other damage or expense alleged to have occurred from any breach of Contract or tort. The Seller's total liability in contract, tort, negligent misrepresentation, restitution or otherwise shall be limited to the Contract price for each installment. MANDATORY MEDIATION AND ARBITRATION OF DISPUTES Customer agrees that in the event of any controversy or claim arising out of or relating to this Contract, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within ninety days after service of a written demand for mediation, any unresolved claim or controversy shall be settled by arbitration administrated by the American Arbitration Association under in accordance with its Commercial Arbitration Rules, and each party hereby consents to any such disputes being so resolved. The number of arbitrators shall be one. Judgment on the award entered in any such arbitration may be entered in any court having jurisdiction. The venue for arbitration will be Phoenix, Arizona. SERVICE OF PROCESS Customer agrees that the venue for any legal dispute not subject to, or arising after mandatory mediation and arbitration is the courts of Maricopa County, Arizona. Customer expressly waives personal service of process. Customer agrees that service of process to the Customer may instead be made by sending certified mail to the Customer's given shipping address, no signature required, or via notice by publication in a Phoenix, Arizona area newspaper of general circulation. Customer agrees that any judgment granted to Seller may be reported as a past due collection on the Seller's credit history with Equifax, Experian, and Transunion credit reporting agencies. The parties to this Contract do not intend that any third party be able to enforce the provisions of this Contract. Only the Seller and Customer have rights and remedies under this Contract. MUTURAL NON-DISPARAGEMENT The Customer and the Seller mutually agree to forebear from making or causing to be made, published, or endorsing any disparaging or derogatory statements in social media or on any public or private website with respect to any dispute or disagreement pursuant to this Contract. The Customer and Seller mutually agree not to leave negative reviews on Yelp, Google, Facebook, Twitter, or any other websites. Liquidated damages for any such disparaging comments are agreed to be $3,500 per instance and attorney's fees for enforcement.If any court, tribunal, or administrative body finds any provision of this Contract to be void, voidable, unenforceable or unreasonable, it shall be deemed severable and the remaining provisions of this Contract shall continue in full force and effect. No terms or conditions endorsed on or delivery with or contained in the Customer's purchase order, bill of sale, or invoice shall form part of this Contract simply as a result of being referred to in the Contract. There are no other express or implied, oral or written warranties other than those mentioned in this Contract.