Welcome to our website! As we have the ability to list on our website (our selection changes all of the time), it is not feasible for a company our size to record and playback the descriptions on every item on our website. However, if you are an American with a disability we are here to help you. Please call our disability services phone line at (480) 892-4488 during regular business hours and one of our kind and friendly personal shoppers will help you navigate through our website, help conduct advanced searches, help you choose the item you are looking for with the specifications you are seeking, read you the specifications of any item and consult with you about the products themselves. There is no charge for the help of this personal shopper for any American with a disability. Finally, your personal shopper will explain our Privacy Policy and Terms of Service, and help you place an order if you so desire.

1730 W. Sunrise Blvd, Suite B104
Gilbert, AZ 85233

(480) 892-4488

All Scratch and Dent
Always 30% - 50% Off!

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Terms of Service

Paradise Appliances
1730 W. Sunrise Blvd, Suite B104
Gilbert, AZ, 85233

Email: Paradiseapplianceaz@gmail.com, sadams@paradiseappliances.com

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.

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.

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.

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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.

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Purchase Policy

Our goal at gilbertappliancestore.com is to make Your purchasing experience easy and efficient. If You have any questions about Our purchase policies, please contact Us at Paradiseapplianceaz@gmail.com, sadams@paradiseappliances.com.

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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 at the time of product delivery.

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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.

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Return Policy

Refunds will be handled according to Our store's policies. Please contact Paradiseapplianceaz@gmail.com, sadams@paradiseappliances.com for a copy of Our store's policies.

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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 Paradiseapplianceaz@gmail.com, sadams@paradiseappliances.com.

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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 Paradiseapplianceaz@gmail.com, sadams@paradiseappliances.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.

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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.

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WARRANTIES

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.

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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.

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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.

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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.

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Assignment

You may not assign Your rights or obligations under this Agreement without Our prior written consent.

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Intended For Users Over 18

Our services are available and may only be used by, individuals 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 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.

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Disputes

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at Paradiseapplianceaz@gmail.com, sadams@paradiseappliances.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.

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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.

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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.

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Headings

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

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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.

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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 service@paradiseappliance.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.

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