Terms & Conditions

Thank you for Purchasing from Varouj Appliances!

Warranty

Section 1: Warranty Details

1.1 Warranty Coverage: a. The Company offers a 1-year warranty on both parts and labor for its products. This warranty is provided by the manufacturer and is subject to the terms and conditions outlined by the manufacturer. Customers are advised to refer to the manufacturer's commercial warranty for detailed information. The Company will provide contact information for the manufacturer in case of warranty claims.

1.2 Refusal of Pick Up: The Company reserves the right to refuse the pick-up of old appliances at its sole discretion. In such cases, it is the Customer's responsibility to arrange for the proper disposal of the old appliances.

1.3 Customer's Responsibility: a. Prior to the Company's arrival, the Customer must ensure that their goods and belongings are moved from the designated area. The Company shall not be held responsible for any damages that occur during this process. b. The Customer acknowledges that the Company is not responsible for the storage of hauled away appliances. Hauled away appliances can be held by the Company for a maximum of 2 days upon request, after which they may be disposed of.

Additional Legal Protections:

1.4 Limitation of Liability: To the extent permitted by law, the Company shall not be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use its products.

1.5 Force Majeure: The Company shall not be liable for any failure or delay in performance under these terms and conditions due to events beyond its reasonable control, including but not limited to natural disasters, strikes, or governmental actions.

1.6 Governing Law: This agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction], and any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts in [CALIFORNIA, LOS ANGELES].

1.7 Changes to Terms: The Company reserves the right to modify or update these terms and conditions at any time. Customers will be notified of any changes, and continued use of the Company's products or services implies acceptance of the updated terms.

 

 

 

Exchange Policy, Returns, Fees

Section 2:

2.1 Refunds and Returns: a. No refunds will be issued for parts and non-stocked items. b. Returns and exchanges are subject to a 25% restocking fee. c. The Customer is required to include the invoice number on all checks related to payments.

2.2 Dispute Resolution: Any disputes arising out of or relating to this agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

2.3 Intellectual Property: All photos and videos displayed on the Company's website or provided in any form are protected by copyright and are the sole property of V.A.S.I. Any unauthorized use, reproduction, or distribution is strictly prohibited.

2.4 Payment Terms: a. Any past-due amounts will be subject to a 1% service charge per month. b. In the event of non-payment, the Seller reserves the right to engage an attorney to collect the invoice amount. The Buyer agrees to pay reasonable attorney fees and costs of the suit, whether or not the case is prosecuted to judgment.

2.5 Damages and Claims: a. The Customer must notify the Company of any damages within 24-48 hours of occurrence.

2.6 Damages during Installation: Any damages caused by accident during installation will be covered up to 5% of the total order value. If the Customer disagrees with this provision, they must inform the Company and request not to proceed with the installation.

2.7 Governing Law: This agreement shall be governed by the laws of [Your Jurisdiction], and any legal action arising out of or in connection with this agreement shall be filed in the appropriate state or federal court located within [CALIFORNIA, LOS ANGELES].

 

 

Mediation & Arbitration Agreement

Section 3:

3.1 Dispute Resolution Process: In the event of any dispute or claim arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through mediation. If mediation fails to resolve the dispute, the parties agree to submit the matter to binding arbitration.

3.2 Arbitration Procedure: The arbitration shall be conducted in accordance with the rules and procedures of a recognized arbitration organization, such as the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties.

3.3 Customer Acknowledgment: By engaging in any business transaction with the Company, the Customer acknowledges that they have read, understood, and agreed to all the terms and conditions set forth in this Agreement.

3.4 Effective Date: This Agreement shall be effective as of the date of this invoice and shall apply to both past and future transactions.

3.5 Governing Law: The mediation and arbitration proceedings shall be governed by the laws of [CALIFORNIA, LOS ANGELES]. Any legal action related to or arising out of this Agreement shall be filed in the appropriate state or federal court located within [CALIFORNIA, LOS ANGELES].

3.6 Severability: If any provision of this Mediation & Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

3.7 Waiver of Class Action: Both parties hereby waive any right to participate in a class action lawsuit or class-wide arbitration.

Section 4: Return Policy

4.1 Defective Items: Any defective items must be serviced or replaced through the manufacturer's warranty.

4.2 Inspection and Reporting: Customers are required to inspect items upon delivery and report any damage that may have occurred during freight within 3 business days. Please provide images of any damages for documentation purposes. Cosmetic damage does not qualify for a full refund or replacement. Such instances may be subject to part replacement, partial refund, damage allowance, or store credit, with the method of reimbursement determined through the evaluation of claimed damage(s).

 

4.3 Return Fees: If the customer wants to return an item without testing it and there is nothing wrong with the product, fees associated with the return, including shipping fees and restocking charges, will apply.

4.4 Opened Items: Items opened for reasons related to carriers or repackaging for online shipments (to prevent damages) are not eligible for return. Products are rarely opened for repackaging, and most repackaging is done on top of the original packaging from the manufacturer.

4.5 Defective Unit: If the unit is defective and does not work, customers will be provided with the 1-year warranty phone number for the manufacturer to service the unit.

 

4.6 Return Authorization: If a return is authorized, the customer has 5 business days to ship the product back to Varouj Appliances. After 5 business days, the return authorization expires, and the customer is subject to return shipping costs/fees unless otherwise noted.

4.7 Restocking Fee: A 25% restocking fee applies to all returns, including unused and unopened items, unless otherwise noted. No returns are accepted for used or opened products.

4.8 Warranty Disclaimer: According to the Federal Law Magnuson–Moss Warranty Act (P.L. 93-637), all appliance manufacturers must be given the opportunity to attempt to repair any of their appliances before they can be returned or exchanged.

Section 5: Delivery & Installation

Section 5:

5.1 Customer Agreement: Customer agrees to all terms and conditions provided on our website.

5.2 Warranty: The Company provides a 1-year warranty on parts and labor for products, subject to the manufacturer's terms and conditions. Refer to the manufacturer's commercial warranty for detailed information; the Company will provide contact information only.

5.3 Refusal of Pick-Up: The Company reserves the right to refuse the pick-up of old appliances at its sole discretion. In such cases, the Customer is responsible for proper disposal.

5.4 Customer's Responsibility: a. Prior to the Company's arrival, the Customer must move goods from the designated area. The Company is not responsible for damages during this process. b. The Company is not responsible for the storage of hauled away appliances. They can be held for a maximum of 2 days upon request, after which they may be disposed of.

5.5 Payment and Collections: a. Past-due amounts are subject to a 1% service charge per month. b. In case of non-payment, the Seller reserves the right to engage an attorney to collect the invoice amount. The Buyer agrees to pay reasonable attorney fees and costs of the suit, whether or not it proceeds to judgment.

5.6 Damages and Claims: a. The Customer must notify the Company of any damages within 24-48 hours of occurrence. b. Damages caused by accident during installation are covered up to 5% of the total order value. If the Customer disagrees, they must inform the Company before installation.

5.7 Refunds and Returns: a. No refunds on parts and non-stocked items. b. Returns and exchanges are subject to a 25% restocking fee. c. The Customer must include the invoice number on all checks related to payments.

5.8 Intellectual Property: All photos and videos on the Company's website are protected by copyright and are the sole property of V.A.S.I. Unauthorized use, reproduction, or distribution is strictly prohibited.

5.9 Mediation and Arbitration Agreement: In case of a dispute, the parties agree to attempt mediation first. If unsuccessful, the matter will be submitted to binding arbitration in accordance with the rules of a recognized arbitration organization. The decision of the arbitrator is final and binding.

By engaging in any business transaction with the Company, the Customer acknowledges reading, understanding, and agreeing to all the terms and conditions set forth in this Agreement. This Agreement is effective as of the date of the invoice and applies to both past and future transactions.

Section 6: Installation Charges and Enforced Policies

6.1 Installation Charges: Customers should be aware that installation services incur separate charges. Installation is not included unless explicitly stated on the invoice.

6.2 Tipping Policy: The Company unequivocally prohibits the acceptance of tips directly by our employees or any attempt by customers to provide compensation to our installers off the record. Engaging in such practices is not only a violation of our policies but is also deemed illegal, constituting fraudulent behavior and potentially involving tax evasion. We respectfully request that any expression of appreciation be conveyed through gestures of gratitude rather than direct monetary transactions, ensuring compliance with legal and ethical standards.

6.3 Invoiced Installation Services: If installation services are specified on the invoice, customers can expect and receive the agreed-upon installation services from our professional team.

 

6.4 Employee Installation Requests: Customers are kindly requested not to approach our employees for installation services outside of what is explicitly mentioned on the invoice. Our employees are not authorized to accept direct payments or tips for services rendered.

6.5 Transparency and Communication: For any queries regarding installation charges or services, customers are encouraged to contact our customer service team before work commences for clarification.

6.6 Paid Installation Services: While we offer installation services, customers must pay for these services explicitly to the company. Attempting to negotiate with installers on the job site to save money is not permitted.

 

 

6.7 Legal Compliance: Our policies adhere to all relevant labor laws and regulations. Any attempt to bypass company procedures, including direct payments or tipping, is considered a violation of our terms and may result in legal action.

6.8 Commitment to Customer Satisfaction: Our commitment is to provide outstanding products and services while maintaining the highest standards of professionalism and legal compliance. We appreciate our customers' understanding and cooperation in adhering to our established policies.

 

 

 

 

 

 

 

Section 7-12: 

Section 7: Product Liability and Usage

7.1 Product Liability: The Company shall not be held liable for any injury, damage, or loss resulting from the use of its products. Customers are advised to read and adhere to all product manuals and safety instructions.

7.2 Product Misuse: Customers are responsible for using products in accordance with their intended purpose. Misuse, modification, or unauthorized alterations may void warranties and release the Company from any associated liability.

 

 

Section 8: Privacy Policy

8.1 Data Collection: The Company collects and processes customer information as outlined in its Privacy Policy, available on the company website. By engaging in transactions, customers agree to the terms of the Privacy Policy.

8.2 Communication Consent: Customers agree to receive communication from the Company, including but not limited to order updates, promotions, and newsletters. They can opt-out of non-essential communications at any time.

Section 9: Force Majeure

9.1 Force Majeure Events: The Company shall not be held liable for any delay or failure to perform its obligations due to events beyond its control, including but not limited to natural disasters, strikes, or governmental actions.

Section 10: Governing Law and Jurisdiction

10.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of [CALIFORNIA, LOS ANEGLES]. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in [CALIFORNIA, LOS ANEGLES].

 

 

Section 11: Modification of Terms

11.1 Amendments: The Company reserves the right to modify these terms and conditions at any time. Customers will be notified of changes, and continued use of products or services implies acceptance of the updated terms.

Section 12: Severability

12.1 Severability Clause: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Section 13: Liability and Representation for Builders, Developers, and Property Management Companies (Commercial Accounts)

13.1 Representation on Behalf of Landlord: For transactions involving builders, developers, and property management companies acting on behalf of landlords, the undersigned acknowledges and represents that they have the legal authority to enter into agreements on behalf of the landlord and bind them to the terms and conditions outlined herein.

13.2 Joint and Several Liability: In cases where builders, developers, or property management companies are involved, they shall be jointly and severally liable with the landlord for all obligations, responsibilities, and liabilities outlined in this Agreement. Any reference to the "Customer" or "Client" in this Agreement shall collectively apply to the builder, developer, property management company, and the landlord they represent.

13.3 Notification of Changes: The undersigned agrees to promptly inform the Company of any changes in ownership, management, or representation of the property or landlord, ensuring accurate and up-to-date information for continued business relations.

 

13.4 Authorization to Act: The undersigned confirms that, by signing this Agreement, they are authorized to act on behalf of the landlord in all matters related to the products and services provided by the Company.

13.5 Indemnification: The undersigned agrees to indemnify and hold the Company harmless from any claims, liabilities, damages, or expenses arising from a breach of this Agreement or any misrepresentation of authority to act on behalf of the landlord.

13.6 Governing Law: This clause shall be governed by and construed in accordance with the laws of [Your Jurisdiction], and any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in [Your Jurisdiction].

 

 

Section 14-16: 

Section 14: Late Payments and Non-Payments

14.1 Late Payments: In the event of late payments, a 1% service charge per month will be applied to past-due amounts. Persistent late payments may result in the Company taking legal action to recover outstanding balances.

14.2 Non-Payments and Liens: Non-payments or failure to settle outstanding balances may result in the Company placing a lien on the customer's property. The Company reserves the right to enforce legal action to recover debts, including seeking judgments in court. All associated legal fees and costs shall be the responsibility of the customer.

Section 15: Delivery Procedures and Time Windows

15.1 Scheduled Deliveries: All deliveries are scheduled with a 4-hour time window. The Company will make every effort to adhere to the scheduled delivery time, but unforeseen circumstances may cause delays. Customers will be notified promptly of any changes to the delivery schedule.

15.2 Delivery Basis Procedures: Deliveries are conducted on a doorstep basis unless otherwise specified. The Company's responsibility is limited to delivering products to the agreed-upon location. Any additional services, such as installation or assembly, must be explicitly stated on the invoice and may incur separate charges.

Section 16: Respect for Employees and Team

16.1 Common Respect: The Company values and prioritizes the well-being and respect of its employees and team members. Customers are expected to treat all Company representatives with courtesy and respect during interactions.

16.2 Disrespectful Behavior: Any form of disrespectful or abusive behavior towards Company employees or team members will not be tolerated. In cases of disrespect, the Company reserves the right to cease all services, deliveries, and transactions with the offending customer.

16.3 Account Closure: Repeated instances of disrespect towards Company employees may lead to the closure of the customer's account. The Company retains the right to refuse service to customers who engage in disrespectful behavior towards its team members.

16.4 Zero Tolerance: The Company maintains a zero-tolerance policy for harassment, discrimination, or any form of mistreatment towards its employees. Violations of this policy may result in the termination of services and legal action as deemed necessary.

Section 17-37: 

Section 17: Product Inspection and Acceptance

17.1 Inspection Upon Receipt: Customers are encouraged to inspect products upon receipt and report any damages or discrepancies to the Company within 24-48 hours. Failure to report issues within this timeframe may limit the Company's ability to remedy the situation.

17.2 Acceptance of Products: Customers accept the responsibility of ensuring the accuracy and condition of products upon delivery. Any concerns should be promptly communicated to the Company's customer service for resolution.

Section 18: Product Availability and Substitutions

18.1 Availability Disclaimer: Product availability is subject to change. The Company reserves the right to substitute products of equal or higher value in the event of unavailability, without prior notice.

Section 19: Warranty and Maintenance Guidelines

19.1 Warranty Terms: Customers are responsible for adhering to the manufacturer's warranty terms and conditions. Any unauthorized repairs or modifications may void the warranty.

19.2 Maintenance Guidelines: For products requiring maintenance, customers are advised to follow the provided guidelines and consult the product manual. Failure to adhere to maintenance recommendations may impact the product's performance and warranty coverage.

Section 20: Communication Channels

20.1 Primary Communication: Official communications and notifications from the Company will be conducted through primary channels such as email, phone, or the Company's official website. Customers are responsible for regularly checking these channels for updates.

Section 21: Termination of Services

21.1 Termination Rights: The Company reserves the right to terminate services, accounts, or transactions with customers for reasons including but not limited to violation of terms, illegal activities, or disruptive behavior.

Section 22: Third-Party Services

22.1 External Links: The Company may provide links to third-party websites for additional information. The Company is not responsible for the content, accuracy, or security of these external sites.

Section 23: Governing Language

23.1 Language of Agreement: The primary language governing this agreement is [Your Primary Language]. Any translations are provided for convenience, and in case of discrepancies, the [Your Primary Language] version shall prevail.

Section 24: Dispute Resolution

24.1 Alternative Dispute Resolution: Before pursuing legal action, both parties agree to attempt alternative dispute resolution methods, such as mediation or arbitration, to amicably resolve any disputes arising from this agreement.

Section 25: Confidentiality

25.1 Confidential Information: Customers acknowledge that any proprietary or confidential information shared by the Company, including but not limited to pricing structures, discounts, or business strategies, must be kept confidential and not disclosed to third parties.

Section 26: Amendments to Terms and Conditions

26.1 Amendment Procedures: The Company reserves the right to amend these terms and conditions. Customers will be notified of any changes, and continued use of products or services implies acceptance of the updated terms.

Section 27: Electronic Communication Consent

27.1 Electronic Communication: Customers agree to receive communications electronically, including but not limited to invoices, receipts, and notifications. Customers can opt-out of electronic communications upon request.

Section 28: Sustainability Practices

28.1 Environmental Responsibility: The Company is committed to sustainable practices. Customers are encouraged to recycle packaging materials and dispose of products responsibly. Information on product disposal and recycling options is available on the Company's website.

Section 29: Force Majeure 

29.1 Enhanced Force Majeure Events: In addition to unforeseen events, "Force Majeure" shall include public health crises, pandemics, or governmental actions beyond the reasonable control of both parties, excusing non-performance during such events.

Section 30: User Accounts and Security

30.1 Account Security: Customers are responsible for maintaining the security of their accounts, including passwords and access credentials. The Company is not liable for any unauthorized access or activities arising from compromised account security.

Section 31: Governing Language

31.1 Language of Communication: All communications, including support requests and inquiries, should be conducted in the primary language specified in this agreement for clarity and accuracy.

Section 32: Intellectual Property Usage

32.1 License for Use: Customers are granted a limited, non-exclusive license to use intellectual property, such as software, provided by the Company. Any unauthorized use, reproduction, or distribution is strictly prohibited.

Section 33: Accessibility and Accommodations

33.1 Accessibility Standards: The Company is committed to providing accessible products and services. Customers requiring accommodations or accessibility assistance should contact customer support.

Section 34: Promotional Materials

34.1 Use of Customer Testimonials: Customers agree that the Company may use their testimonials or feedback for promotional purposes. Any personal information will be anonymized unless explicit permission is granted.

Section 35: Community Guidelines

35.1 Responsible Use: Customers are expected to engage in responsible and respectful behavior when using the Company's online platforms, including forums, reviews, and social media. The Company reserves the right to moderate and remove content that violates community guidelines.

Section 36: Insurance and Indemnification

36.1 Insurance Coverage: Customers engaging in high-risk activities or requesting specialized services must maintain appropriate insurance coverage. The Company is not liable for damages or losses beyond the scope of its responsibilities.

Section 37: Resale Policies

37: Resale Restrictions: If applicable, specify any restrictions on the resale of your products, including limitations on distribution channels or territories.

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