Terms & Conditions
Use of Our Site
The following terms and conditions (“Terms”) apply to your use of www.welcomehomeamerica.com (our “Site”) and any products or services offered on our Site. Your use of our Site means that you accept and agree to these Terms. If you do not agree to these Terms, please do not use or access the Site, place orders, or otherwise interact with our Site.
We may revise and update these Terms at any time in our sole discretion. Your continued use of our Site, means that you accept and agree to the modified Terms, which includes our Credit Policy and Privacy Policy.
Credit Policy
By using the Site, you agree to the Credit Policy posted on the Site. It is IMPORTANT that you read and comply with the Credit Policy. After you place an order, and if you select Net 30 terms, you are required and agreeing to remit payment within 30 days from the invoice date. Welcome Home America is not required to sign up, or register, or pay for, any document compliance service, payment service or other outside vendor to secure payment or facilitate receipt of payment of your invoice. Payment may be made by check, PayPal, Credit Card or ACH payment directly to our bank account.
Welcome Home America will not sign Customer or Management Company Vendor Agreements. We will not add your company as an additional insured on our Insurance Policy. By using this site, or placing an order on the site, by phone, email, mail or fax, you agree to these Terms and our Credit Policy.
Copyright and Trademark Notice
Unless otherwise specified, all materials appearing on this Site; including text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, and any software used on the Site, are the sole property of Welcome Home America and are protected by copyright laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You may use the content of this Site only for the purpose of shopping in this store or placing an order and for no other purpose. You may not copy, reproduce, modify, republish, upload, post, transmit or distribute in any form or by any means any materials from this Site without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Credit Cards, Checks and PayPal
We accept Credit Cards, PayPal and Checks, as forms of payment. We also accept ACH payments directly to our bank account. Bank account information will be provided to Customers on request. If you have selected Net 30 terms, and wish to use a credit card for payment, a 3% credit card fee will be added to your invoice total.
Links to other Sites
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Welcome Home America is not responsible for the operation of, or content located on or throughout any such site or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the Site does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Site to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites.
Multiple Product Orders
For orders with multiple items, we will make every attempt to ship all items contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will be charged/billed for all the products contained in order, plus any applicable shipping charges, at the time the order is placed.
Order Acceptance Policy
Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Welcome Home America reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
Other Conditions
These Terms will supersede any terms and/or conditions you include with any purchase order. Welcome Home America reserves the right to make changes to this Site and these conditions at any time.
Customer’s Vendor Agreements
Welcome Home America does not sign Vendor agreements with any customer or property management entity. Our Terms and Conditions cannot be superseded by any other Agreement, verbal or written.
Out-of-Stock Products
We will ship your product as it becomes available. Usually, products ship by the same business day. However, there may be times when the product you have ordered is out-of-stock, which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping, except for custom products which cannot be cancelled once ordered.
Privacy Policy
We may collect personal information from you on our Site or through any other digital or personal communication with you, as described in our Privacy Policy. We may update our Privacy Policy from time to time and your continued use of our Site, products and services constitutes consent to our privacy practices.
Privacy on Other Web Sites and Electronic Communication
Other sites accessible through our Site have their own privacy policies and data collection practices. Please consult each site's privacy policy for more information. Welcome Home America is not responsible for the actions of third parties.
Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Return Policy
We will accept the return of products that are defective due to defects in manufacturing and/or workmanship. Shipment of incorrect products to you will also be accepted for return. Please see our RETURN POLICY for complete details.
Shipping Policy
Most orders will ship the same business day, provided the product ordered is in stock. Orders are not processed or shipped on Saturday or Sunday or holidays. We process your order based on the information you input to the items, shipping and billing address, etc. If there is an error in the shipping address you input and that results in a surcharge from our shipping carrier, we will bill you for that address correction surcharge. Please input all information carefully.
We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by this Site or other parties only as an estimate. We encourage you to order ahead to avoid delays caused by shipping carrier delays or product availability.
Warranty
See our Warranty Policy for complete details.
Shopping Cart Software
This online store is powered by a 3rd party shopping cart software. Welcome Home America is in no way responsible for the activities or content found within this software. All content found on this Site; including products, web copy, promotions etc., is the sole property of Welcome Home America and has no direct ties to the shopping cart provider.
Sales Tax
Our store will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state(s) where Welcome Home America holds a nexus. For orders shipped to other areas, you (the customer) are solely responsible for any sales taxes and/or other taxes that may apply. Please consult your local state's website for how to file a sales and use tax for out of state purchases you make.
Typographical Errors
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Welcome Home America shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. Welcome Home America shall also have the right to refuse or cancel any such orders whether 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 canceled, Welcome Home America will issue a refund to your card in the amount of the incorrect price.
Legal Terms
You agree to indemnify, defend and hold harmless Welcome Home America, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site, your violation of these Terms or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
THE SITE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WELCOME HOME AMERICA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
WELCOME HOME AMERICA AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WELCOME HOME AMERICA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WELCOME HOME AMERICA AND/OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, THE APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WELCOME HOME AMERICA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
The existence of the Site is not intended and should not be construed to mean that we are conducting business in all states of the United States of America, or that we consent to submit to the personal jurisdiction of the state or federal courts in any state in the United States, except the State of California. These Terms shall be treated as though they were executed and performed in California and shall be governed by and construed in accordance with the laws of the State of California at any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, your information provided to the Site, and/or these Terms, the Privacy Policy, and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of San Diego, in the State of California.
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