Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
“FAST TRACK” Exchange (Warranty Related Returns):
If a warranty related problem arises during the first 30 days from date of our shipment to you, selected items marked as having our “Fast Track” Warranty (and only such items), can be replaced at no cost to you (subject to the item(s) availability) and subject to the terms of the "Fast Track" Warranty as explained in the "Fast Track" Exchange Warranty section. Christmas Warranty: Extended through Jan 25, 2009 for items that qualify for our "FastTrack" Warranty, and are purchased between Nov 1 2008 and December 24 2008. Christmas (Non Warranty Return Policy: Items that qualify for our non-warranty Return Policy may be returned (subject to all Terms & Conditions that apply to returns, including but not limited to the requirement for requesting and receiving a written Return Authorization) up to Jan 12, 2009.
Return Policy (Non Warranty Related Returns):
If, for any reason, you or your recipient are not happy with your purchase, you may – upon your receipt from us of a written (via email) Return Authorization Number (RAN) - return any merchandise (except items designated as non-returnable or special order items) directly to our designated warehouse within 30 days of the shipping date - for a merchandise refund.
Returned items must be in their original box, including original shipping carton and inserts, with all original accessories, packaging, manuals and registration card in unused, undamaged, clean and brand-new condition.
We do not refund the shipping costs to you nor do we refund the costs of shipping the merchandise back to our designated location (for any reason except for merchandise shipped in error). If you choose to return a defective item for a refund, the return shipping costs are not refundable.
Items that qualified for free shipping promotions will incur a deduction for our costs of handling and shipping the item(s) to you.
We charge a Restocking Fee (5%-25% of merchandise total) for non-warranty returns. This is necessitated to cover the actual out-of-pocket costs charged to us by the manufacturer or their agent. We are charged these amounts to cover the cost of receiving, inspecting, testing & repacking your item(s). All returns are ultimately sent back to the manufacturer or their designated representatives and are prospectively resold as refurbished units. We do not sell refurbished units and consequently incur these costs as losses. When we extend our Return Privileges to a customer for non-defective items, these amounts are deducted from your refund.
Items that are returned incomplete, damaged, or have been used -- if accepted -- will require a further deduction. This deduction is final. Subsequent return of missing items will not reverse the deduction.
Any return found to be non-defective and in working order shall be subject to a 25% Restocking Fee.
Refunds Issued:
Refunds are issued to the original purchaser in same manner as the original method of payment.
How to Return an Item:
To return any product that qualifies for Return Privileges, please send us an email and request a “Return Authorization Number (RAN)” Please do not telephone for a RAN. Our accepted procedure is to reply to your email request with a written approval and related instructions. We do not provide the information by phone as it could lead to errors relating to the return. Please be sure to include: the name of the person who purchased the item, the original order ID, date of order, item(s) you wish to return and the reason for the return. Send the email to: returns@bestinhome.com
We cannot accept any returns without a Return Authorization "RAN" (this includes items refused by you at time of delivery) so please do not return any merchandise without the prior authorization (via email) from our Customer Service Department. (Most unauthorized returns are refused at the warehouses and returned to the sender. Refunds will not be issued for unauthorized returns).
Product Warranties:
All products sold by Best In Home carry their respective manufacturer’s warranty. Warranties range from 30 days to 1 year depending on the item and manufacturer. If you are not sure about the warranty period for an item you are interested in, please send us an email identifying the item and request the “warranty period”.
If your item is found to be defective during the first 30 days from date of our shipping the item to you, it may be covered by our “Fast Track Exchange Warranty” (see below). If your item is found to be defective and does not qualify for our “Fast Track Warranty” you must contact the manufacturer directly. Items not covered by our “Fast Track Warranty” may incur costs for returning the defective item and for shipping replacements (this depends on the manufacturer's policies).
If your item is found to be defective beyond the item’s warranty period, you must contact the manufacturer (we do not have a service department and do not carry parts). You will, most likely, incur costs associated with shipping the item to and from the manufacturer’s designated repair facility and you may also incur costs associated with repairing the item.
We suggest, and it may be required, that you take digital photos showing the defect or damage of your item(s) in order to support your claim.
“FAST TRACK” Exchange Warranty:
If a warranty related problem arises during the first 30 days from date of our shipment to you, selected items marked as having our “Fast Track” Warranty (and only such items), can be replaced at no cost to you (subject to the item(s) availability). This will include our sending you (prepaid) a FREE replacement for the item (a new version of the same item you originally purchased) along with a PREPAID LABEL or equivalent to facilitate your return of the original defective item. Items that were purchased during special promotions may not be available for replacement at the same price as the original promotion. In such cases, you will have the option of returning the defective or damaged item for a full refund or for a store credit to apply towards the purchase of a new unit at the current prices shown on our website.
To secure your “Fast Track" Warranty Replacement, you must send us an email requesting a Warranty Replacement. Please include the name (exact spelling needed) of the person who purchased the goods, the original order ID, the date the order was placed and a detailed description of the defect. Where applicable, digital photos are helpful and should be included. You will be contacted promptly with the details pertaining to your exchange. Please do not return the item until you receive all instructions from us.
IMPORTANT: Our “Fast Track Warranty” does NOT apply to every product and is limited to the FIRST 30 Days from the date of shipment for those products that do qualify.
Damaged Items:
Please inspect your merchandise for any breakage that may have resulted in transport. Claims for damages caused by the carrier must be reported to us and the carrier within 5 days of receipt of the merchandise. You must keep the original shipping boxes and related packing materials until the claim is resolved. We will gladly assist you with prospective item or parts replacements and any claims against the carrier.
Cancellations / Address Changes:
We cannot accept cancellations or changes once your order has been received, processed, forwarded to the warehouse, labelled or has shipped. If we are able to make an address change, we reserve the right to charge a $10.00 Address Change Fee (this is needed to recoup fees charged to us by our contract warehouses).
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of bestinhome. The collective work includes works that are licensed to bestinhome. Copyright 2002 and 2006, bestinhome ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with bestinhome or purchasing bestinhome products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with bestinhome or to purchase bestinhome products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by bestinhome. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of bestinhome used in the site are trademarks or registered trademarks of bestinhome
Warranty Disclaimer (Website Functionality)
To the fullest extent permissible pursuant to applicable law, bestinhome disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. bestinhome does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. bestinhome does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
bestinhome shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if bestinhome has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a bestinhome product is mistakenly listed at an incorrect price, bestinhome reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. bestinhome reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, bestinhome shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by bestinhome without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
bestinhome may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to bestinhome.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of bestinhome products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of bestinhome products) must be commenced within one (1) year after the claim or cause of action arises. bestinhome's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. bestinhome may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a bestinhome or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
bestinhome does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, bestinhome is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, bestinhome reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to bestinhome in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless bestinhome, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, bestinhome may link to sites operated by third parties. However, even if the third party is affiliated with bestinhome, bestinhome has no control over these linked sites, all of which have separate privacy and data collection practices, independent of bestinhome. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, bestinhome seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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