TERMS AND CONDITIONS FOR ONLINE SALES

Terms of service for SMS

SMS Terms & Conditions

SMS Consent Communication:

The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications:

If you have consented to receive text messages from Appliance Source, you may receive messages related to the following (provide specific examples):

Delivery window reminders

Delivery Confirmation

Follow-up messages

Billing inquiries

Promotions or offers (if applicable)

Example: Hi (“Jacob M.“). Your order # (““) from Appliance Source will arrive tomorrow. For any

questions or to reschedule, please call or email our office. Reply STOP to opt-out of SMS messaging atany time.

Message Frequency:

Message frequency may vary depending on the type of communication. For example, you may receive up to 9 SMS messages per week related to your appliance delivery.

Example:

“Message frequency may vary. You may receive up to 9 SMS messages per week regarding your appliance delivery.”

Potential Fees for SMS Messaging:

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

Opt-In Method:

You may opt-in to receive SMS messages from Appliance Source in the following ways:Verbally, during a conversation

By submitting an online form

By filling out a paper form

Opt-Out Method:

You can opt-out of receiving SMS messages at any time. T o do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

Help:

If you are experiencing any issues, you can reply with the keyword HELP . Or, you can get help directly from us by calling our office at (732) 360-6080.

Additional Options:

If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

Standard Messaging Disclosures:

Message and data rates may apply.

You can opt out at any time by texting “STOP .”

For assistance, text “HELP” or visit our Privacy Policy page at

https://appliancesourceusa.com/pages/privacy-policy/ and Terms and Conditions page at

https://appliancesourceusa.com/pages/terms-conditions/.

Message frequency may vary

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

  1. Applicability of Terms and Conditions. These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through https://appliancesourceusa.com/ (the “Site”). These Terms are subject to change at any time without prior written notice by Appliance Source (referred to herein as either “Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
  2. Orders. When placing an order on our Site, or via a purchase order made from time to time (both called “Orders”), you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any Order in our own discretion. We will accept or reject an Order partially or in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time, or via some other confirmation method mutually agreeable. Notwithstanding, we reserve the right to cancel any Order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirmation referenced herein.
  3. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site or in our catalog, or proposal sent to you. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal, Zelle), or by wire, or check after funds clear. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
  4. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
  5. Returns. If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within seven (7) days of delivery; (iii) the merchandise is returned in the same condition as originally received by you; and (iv) the goods are not obsolete or discontinued. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges and a 30% re-stocking fee. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: https://appliancesourceusa.com/). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.
  6. Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://appliancesourceusa.com/privacypolicy and https://appliancesourceusa.com/termsofuse. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
  7. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability.
    • Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying the goods or services from the Site for solely your own use, and not for resale and/or export.
    • MANUFACTURER’S WARRANTY AND COMPANY’S DISCLAIMERS. We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Site in any way. The availability on our Site of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). They are, however, covered by the manufacturer’s warranty as detailed in in any product’s description on our Site and included with our delivery of the goods and services. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement(s). You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.
    • LIABILITY CAP. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
  8. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
  9. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
  10. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
  11. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  12. Governing Law/Binding Arbitration.
    • Governing Law. These Terms shall be governed by the laws of the State of New Jersey without regard to its conflict of laws principles.
    • Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of 1 arbitrator(s) sitting in New Jersey, Ocean. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of New Jersey. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear its own costs, including attorneys’ fees, incurred in connection with any such arbitration proceedings; provided, however, that if a party is determined to have acted in bad faith or vexatiously, the arbitrator may, in their discretion, require that party to reimburse the other party for reasonable costs and attorneys’ fees. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 12 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
    • Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 30 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
  13. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
  14. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email at: ;customerservice@appliancesourceusa.com or (ii) personal delivery, overnight courier, or registered or certified mail to: Appliance Source, 1820 Swarthmore Ave #246, Lakewood, New Jersey 08701.
  15. Entire Agreement. These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s “Terms of Use” and “Privacy Policy,” shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
  16. Assignment—Delegation.No delegation of any obligation owed, or of the performance of any obligation, by either Buyer or Seller shall be made without the written permission of the other party.
  17. This agreement can be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents.
  18. Interpretation—Parol Evidence.This writing is intended by the parties as a final express of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. Whenever a term defined by the Uniform Commercial Code is used in this agreement the definition contained in the Code is to control.
  19. Authority of Seller’s Agents.No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation, promise or warranty concerning the goods sold under this agreement, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included within this written agreement, it has not formed a part of the basis of this bargain and shall not be enforceable by the Buyer.

If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement are not affected or impaired in any way.

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