The website located on the internet at http://www.ththeatpumpstore.com/ is provided by The Heat Pump Store, and is further referred to as the Site. By using the Site its related services, products, and software (collectively, the “Site”), you agree to be bound by these Terms of Use (further referred to as “Terms”). You also accept these Terms when you create an account, sign in as a guest, or log into the site. Additional or separate terms of use may apply to use of individual services or features available on the Site, such as reviews. Although you may “bookmark” a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the Terms. We may make changes to the Site and the Terms of Use. It is your responsibility to review the Terms of Use for updates or changes. If you do not agree with the Terms of Use, you should not use the Site.

Privacy

Your use of the site is subject to our website privacy policy. Please review the policy for more on how we collect and use information.

Intended for Users Over 18

If you are under 18, you may use The Heat Pump Store.com only with consent of a parent or guardian. It is the sole discretion of The Heat Pump Store to refuse service to those deemed under 18 years of age.

Order Acceptance

Circumstances may arise which require The Heat Pump Store to cancel an order. At our sole discretion we reserve the right to refuse or cancel any order for any reason. Typical causes of cancellation may include: product being unavailable, errors in pricing and/or product information, alerts generated by credit check or fraud agency monitoring. After reviewing an order, The Heat Pump Store may require verification and/or additional information before further acceptance. Customers will be contacted by email if an order is canceled, or if additional information is needed. When an order is cancelled, authorized funds will be voided. The funds will be returned based on the policies, procedures and timelines established by the customer’s banking institution.

Product Descriptions

The Heat Pump Store takes great effort to be accurate in our product descriptions. However, The Heat Pump Store does not warrant that product descriptions are accurate, complete, reliable, or error-free. If you feel that a product purchased from The Heat Pump Store is not as it was described, your sole remedy is to return it in an unused condition as described in the returns policy.

Colors

The Heat Pump Store strives to provide product images on the Site as accurately as possible. However, The Heat Pump Store cannot guarantee that the color visible on your computer display will be the same as the delivered product(s) due to variation in computer monitors. If you feel that a product purchased from The Heat Pump Store is not as it was seen, your sole remedy is to return it in an unused condition as described in the returns policy.

Pricing

Prices and availability are subject to change without notice. The price displayed on the Site represents the retail price selected by The Heat Pump Store. We strive to price our products fairly and accurately. If on occasion a price is listed inaccurately, at our discretion, may cancel an order and notify the customer of the cancellation by email.

Special Orders

Special Order Items are defined as items that are not generally carried by The Heat Pump Store and which require that a unique order be placed directly with the product’s manufacturer or distributor on the customer’s behalf. Special Order items may not be returned.

Paying for Your Order

Under most circumstances your method of payment (typically a credit card) will be charged the purchase amount within 24 to 48 hours of placing your order. In some cases, more time may take place. In these instances, The Heat Pump Store will pre-authorize the payment method for the amount, and the charge will take place when we ship your items.

Keep Your Account Secure

The customer / user of the Site is responsible for keeping any username and password to the Site secure, ensuring that the person who creates the account is the only person who uses the account. Furthermore, the user is responsible for restricting access to any computer that has stored username and passwords on it. By creating an account on the Site, the user accepts responsibility for all activities that occur under the user’s account or password. The Site may be used for lawful purposes, only. Examples of unlawful activities include but are not limited to: tampering with the site, misrepresenting the identity of a user, or conducting fraudulent activities on the Site.

Proprietary Rights

All content included on this Site, including information, data, photographs, videos, graphics, music, sounds, and other material (collectively called “Content”), is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected under U.S. and international copyright laws. The Heat Pump Store owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

The Site is for personal use, only. All Content is protected. Unless permission is individually given, you may not copy, scrape, modify, remove, delete, augment, add to, publish, transmit, create derivative works from, or in any way exploit any of the Content, in whole or in part. Permission is granted to electronically copy and print hard copy portions of the site for the sole purpose of purchasing an item(s) from The Heat Pump Store. Any other use of the Content on this Site, including but not limited to the reproduction, distribution, display, or transmission of the Content of this Site is strictly prohibited, unless authorized by The Heat Pump Store.

Trademarks

All trademarks, service marks and/or trade names of The Heat Pump Store used in the site are trademarks or registered trademarks of The Heat Pump Store and its parent company (Home Energy Sciences, Inc.) All other trademarks not owned by The Heat Pump Store that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Heat Pump Store.

Product Warranty, Installation, and Selection

The Heat Pump Store covers the parts only under the manufacturer’s warranty. The Consumer / User is responsible for any applicable labor to replace a warranted part. All products must be installed according to manufacturer’s installation instructions and safety guidelines. Many items sold by The Heat Pump Store must be installed by a licensed professional in order to fulfill the manufacture’s installation and warranty requirements. Consumers / Users are strongly encouraged to review manufacturer installation requirements and local building codes in order to ensure the items they purchase will comply with these requirements. Consumers / site users must be aware of their local applicable building, installation, and/or maintenance codes, and The Heat Pump Store accepts no responsibility for the compliance of an item with a local code. Under no circumstances will The Heat Pump Store accept responsibility for, or warrant the appropriateness of, any item we sell for any particular application. The Heat Pump Store will not be liable for any suggestions that it offers concerning item selection, heating capacity, and cooling capacity. Any issues that may result from decisions made by the consumer’s / user’s item selection will be resolved solely by the consumer / user.

EPA Notice

Any User / Consumer who purchases items through the Site must understand the refrigerant chemicals contained in many items sold by The Heat Pump Store are potentially dangerous and harmful. Special care must be taken in their proper handling to prevent injury and/or unintentional release to the atmosphere. It is strongly recommended that a licensed professional who is certified by the US EPA in refrigerant handling be involved in the installation of any item sold by The Heat Pump Store. Under no circumstances will The Heat Pump Store be held liable for injury, damage or violation of any laws reflecting release of refrigerant compounds.

Product Reviews, Comments, and Other User-Generated Content

On the Site, Users will be given the opportunity to post comments, make product reviews and generate other forms of content, hereby called “user generated content”. In turning over user generated content, users hereby grant The Heat Pump Store a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any of their user generated content. The exception to this clause is information related to purchases, which will conform to The Heat Pump Store’s privacy policy. You also grant us the right to use the name you use when you submit content to us, in connection with that content.

Use of Site

Certain rules apply to use of the Site. Failure to conform to these rules may result in a User being prevented from further use of the Site. Under no circumstances may a user do any of the following: Harass other Users or Employees of The Heat Pump Store; use obscene or derogatory language; represent anyone other than themselves; defame, threaten, or libel anyone; invade the privacy of others; upload content which is owned by another.

Cancellation

If you should need to cancel and item purchased through the Site, you must do so as quickly as possible. Once an item ships from The Heat Pump Store, our return policy comes into effect. To cancel an order, contact us immediately by phone at 1-877-509-2961. If your order has not yet left our shipment facility, there will be no charges for cancellation. Upon cancellation, the refund may take up to 10 days to be returned to you. Times vary based on the rules of the user’s bank.

Returns

If you are not fully satisfied with your purchase, or have ordered items were not needed, you may return the product. Please read the Returns Policy to understand the terms and conditions.

Shipping

The Heat Pump Store regularly offers “free shipping” promotions. These free shipping promotions apply to curbside delivery within the lower 48 states (not Hawaii or Alaska). Lift gate service is often needed to move heavy items from the back of the delivery truck to the driveway, and is available at an extra cost. In some cases, lift gate service is subject to availability. Free shipping is limited to driveway delivery, and does not include moving products inside the home.

The Heat Pump Store processes orders for shipping Monday through Friday. Orders placed by 12 p.m. PST are shipped within 48 business hours. Items ordered on weekends or holidays will start the shipment process on the following business day. On occasions, some items may be placed on backorder and The Heat Pump Store will communicate this delay to the user by email. A few extra days may be required for back ordered items to ship. The Heat Pump Store recommends that you do not schedule the work of installing your products until you have received your product, as estimated freight shipment times vary.

Warranty Policy

The Heat Pump Store will back up 100% of all warranties of parts which are offered by the manufacturer. The Heat Pump Store offers only nationally known and established brands that provide a nationwide parts distribution network. Most air conditioning installers are authorized by these manufacturers to service these units and obtain free of charge replacement parts for the term of your applicable warranty. Accordingly, make sure you review and are familiar with the terms, language, and/or requirements for any applicable warranty.

If a product should fail within the first 30 days of purchase due to part (s) failure, The Heat Pump Store will cover shipping fees to get the necessary replacement part (s) to you. After 30 days of purchase, you are responsible for any applicable shipping fees for obtaining any replacement parts. You also have the option of processing warranty claims with local heating and cooling installers that service the products we sell. To validate your warranty claim, a licensed contractor must have either installed or inspected your equipment before start-up. Without a receipt from a licensed contractor, The Heat Pump Store cannot process warranty parts or claims for you. Failure to submit the aforementioned receipt will result in denial of any warranty claim.

If any product purchased from The Heat Pump Store.com should result in failure upon installation or not operate after installation, we are only responsible for supplying the parts warranted by the manufacturer. At the manufacturer’s discretion, replacement parts provided for warranty maybe either in a new or reconditioned state. Under no circumstances will refrigerant (R410A) be covered or reimbursed if refrigerant needs to be added to the system; whether it is missing from the unit when it arrives to the customer’s location or after a part is replaced. Under no circumstances will The Heat Pump Store replace a whole system or component. The Heat Pump Store does not provide any warranty above and beyond the manufacturer’s warranty as to parts. The Heat Pump Store is not liable for any warranties, costs, and/or expenses incurred by the consumer due to a malfunction of any product (s) sold on our site. The Heat Pump Store does not provide labor warranties or compensation of any kind for any costs incurred by the consumer due to a malfunction of any products sold on our site.

The product (s) sold on the site are intended by the manufacturers to be installed by professional heating and air conditioning installers. For the products offered on the site for do-it-yourself installation, the customer/ user assumes the risks taken by not using a professional installer, including selecting the wrong equipment for the application.

Most of the manufacturers of the products sold on the site have disclaimers within their warranty statements relating to homeowner installation. The customer / user of this site is responsible for reading the manufacturer’s warranty statement prior to purchase.

Scratch and Dent Policy

On occasion, The Heat Pump Store offers Scratch & Dent items for sale. These items come from other customer returns that were scratched or dented during the shipping process. Although the packaging may not be original from the factory, these products still offer the full manufacture warranty on parts when installed by a professional technician. The scratch and/or dents have been determined not to have any effect on the operation of the machine.

Scratch & Dent items may not be returned under any circumstances. All sales are final. Be sure to consult with a heating & air conditioning professional prior to purchase to ensure you are selecting the correct unit before purchase.

 

If a Scratch & Dent sale receives additional scratches & dents during shipment, we recommend to take pictures and retain them for your records. No return may be offered and new Scratch & Dent products will not be reshipped due to the limited quantities. The only remedy for Scratch & Dent sales is repair at the customer’s expense.

Post-Order Price Match Policy

When The Heat Pump Store changes a price on a product, we offer customers who purchased the same product up to 30 days from their purchase to request the new lower price. Scratch & Dent , discontinued items, limited quantity items or manufacture rebate items are excluded from this offer.

Applicable Law

The laws of the State of Oregon will govern these Terms of Use without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of or related to these Terms of Use or your use of this site must be brought in the state or federal courts of Oregon.

Indemnification

You agree to indemnify, defend, and hold harmless, The Heat Pump Store, its officers, directors, employees, agents, contracted installers, technicians, affiliates, 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 (s) or entity accessing the site using your Internet account.

Termination of Use

We may, in our sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. We may change, suspend or discontinue all or any aspects of the Site at any time without prior notice.