ASPIRE HEATING, COOLING, & ELECTRICAL
RETAIL TERMS OF SALE
Last Updated: February 2018
ORDER AND ACCEPTANCE
- All advertisements on this Site are invitations to purchase and not offers to sell. Aspire Heating, Cooling, & Electrical reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order.
- Each part of an order that you submit to us constitutes an offer to purchase merchandise. If you have placed your order through this Site, after we receive your order you will receive an email from us confirming receipt of your order, usually in minutes. If you do not receive an email, contact us before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute our acceptance of your order.
- Aspire Heating, Cooling, & Electrical is not deemed to have accepted your order (or any part of your order) until the requested service is reviewed upon the initial visit from a service technician.
- If we reject your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once we have corrected the error. If we have notified you that we have accepted your order by sending you a shipment confirmation email, you will not be required to pay more than the price that was displayed on this Site at the time that you placed your order. If we have sent you merchandise which is different from the description of the relevant merchandise on this Site at the time that you place your order, you can return or exchange it. For more details, please see the return and exchange policy, which governs all returns and exchanges made involving items purchased on this Site.
Although it is rare that Aspire Heating, Cooling, & Electrical would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:
ERROR IN PRICING
In the event that an item is listed at an incorrect price due to an error in pricing, Aspire Heating, Cooling, & Electrical will have the right, at Aspire Heating, Cooling, & Electricals’ sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Aspire Heating, Cooling, & Electrical may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
ERROR IN BILLING, PAYMENT OR SHIPPING INFORMATION
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
- an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
- incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
- an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
- or any suspected fraudulent information.
Aspire Heating and Cooling is happy to refund any purchase of a service plan prior to a technician visiting your home provided the cancellation is requested within 10 days of your purchase. No refunds will be provided after 10 days from purchase or once a technician has visited your property for a consultation, review, or service.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
MERCHANDISE SHIPPING DELAY OR UNAVAILABILITY
The purchase of products on this Site is subject to availability. If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on this Site relating to the order (for example, an error relating to the price or description of merchandise) Rest Refreshed may cancel the order. If this occurs we will contact you so you are aware. In the event that Aspire Heating, Cooling, & Electrical advises you that any products are no longer available, Aspire Heating, Cooling, & Electrical will have no obligation to fulfill your order and you have no obligation to pay Aspire Heating, Cooling, & Electrical for the order.
PREVIOUS FRAUDULENT ORDER HISTORY
Aspire Heating, Cooling, & Electrical may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.
ENGAGEMENT WITH ASPIRE HEATING, COOLING, & ELECTRICALS’ AFFILIATES
Aspire Heating, Cooling, & Electrical reserves the right, but does not have the obligation, to block from receiving marketing communications or to remove and unsubscribe from all Aspire Heating, Cooling, & Electrical platforms any email address, phone number, and/or mailing address associated with customers determined by Aspire Heating, Cooling, & Electrical to have characteristics of reselling and/or customer orders determined by Aspire Heating, Cooling, & Electrical to be fraudulent. Aspire Heating, Cooling, & Electrical platforms affected by such removal include but are not limited to: (i) any of Aspire Heating, Cooling, & Electricals’ online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.
CUSTOMER INITIATED ORDER CANCELLATIONS AND CHANGES
You can make changes or cancel your order at any time before your order has been processed. To make changes to your order, please contact our Customer Service Department by e-mail at email@example.com or call 33-936-9111.
PRICES AND PAYMENTS
Aspire Heating, Cooling, & Electrical may vary the price of its merchandise at any time. After we accept an order, we will not alter the price, except for merchandise eligible for a price adjustment.
PAYMENTS BY CREDIT CARD
You may pay for your purchase using VISA, MASTERCARD, DISCOVER, and AMERICAN EXPRESS (each, a “Credit Card”) and you authorize Aspire Heating, Cooling, & Electrical to charge the applicable Credit Card for the purchase price and you represent and warrant that you are the cardholder of that Credit Card. If your Credit Card is rejected by the card issuer, your order will not be shipped and Aspire Heating, Cooling, & Electrical will have no obligation to fulfill your order or to advise you of the reason for non-fulfillment.
All billing and registration information provided by you to Rest Refreshed must be truthful, complete and accurate. Providing any untruthful, incomplete or inaccurate information constitutes a breach of these Terms of Sale.
When you pay by Credit Card, Aspire Heating, Cooling, & Electrical reserves the right to request additional evidence or proof of billing information. Debit payment methods will be processed as credit. The charge for your order will appear on your credit card statement as ‘Aspire Heating, Cooling, & Electrical.’ If you contest the validity or amount of a charge related to an order with Aspire Heating, Cooling, & Electrical and believe it to be fraudulent, please email us at firstname.lastname@example.org.
Aspire Heating, Cooling, & Electrical will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an order filled and delivered to the customer. Should your order be canceled, any ‘authorization holds’ will drop off your account within three to five business days.
DISCLAIMERS OF WARRANTIES
To the maximum extent permitted by applicable law, Aspire Heating, Cooling, & Electrical disclaims all warranties and conditions of any kind, whether legal, statutory or otherwise, express or implied (including implied warranty of merchantability and fitness for particular purpose, quality and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. Aspire Heating, Cooling, & Electrical makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.
Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL REST REFRESHED OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OF ANY KIND, LOSS OF OPPORTUNITY AND ANY PROPERTY DAMAGE, INJURY, ILLNESS OR DEATH), WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF ASPIRE HEATING,COOLING, & ELECTRICAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING FOR DAMAGES ARISING IN CONNECTION WITH OR RELATING IN ANY MANNER WHATSOEVER TO: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data or personal information.
EACH PROVISION OF THESE TERMS OF SALE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND ASPIRE HEATING, COOLING, & ELECTICAL. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ASPIRE HEATING,COOLING, & ELECTICAL. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND DO NOT COMPLETE YOUR PURCHASE. YOU ACKNOWLEDGE, BY CLICKING YOUR ACCEPTANCE TO THESE TERMS OF SALE, THAT YOUR USE OF THE SITE AND ANY PURCHASE OR USE OF ANY ITEMS OFFERED FOR PURCHASE THEREIN IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Aspire Heating, Cooling, & Electrical for damages of any nature or kind suffered by you shall in no event exceed the purchase price of your transaction for the item involved in your claim.
APPLICABLE LAW; DISPUTES
Aspire Heating, Cooling, & Electrical is located, and controls the Website, from its offices within the State of North Carolina. THE TERMS OF SALE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, U.S.A., WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES OF ANY JURISDICTION. ANY DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN FORSYTH COUNTY, NORTH CAROLINA, U.S.A., AND YOU HEREBY IRREVOCABLY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THESE TERMS OF SALE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SALE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS PARAGRAPH, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. The Terms of Sale are not enforceable by any party except for Aspire Heating, Cooling, & Electrical and its customers.
ADDITIONAL TERMS AND RESOURCES
The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or be used in the interpretation of these Sales Terms or any section thereof. For purposes of these Terms of Sale: (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms of Sale as a whole. If any term, provision, covenant, or condition of these Terms of Sale is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Aspire Heating, Cooling, & Electrical shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, including weather-related and other uncontrollable shipping delays. The delay or failure of Aspire Heating, Cooling, & Electrical to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Aspire Heating, Cooling, & Electricals’ rights with respect to such breach or any subsequent breaches.
CHANGES TO TERMS OF SALE
The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Aspire Heating, Cooling, & Electrical may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to an order placed after the effective date of the modification. Therefore, each time you place an order with Aspire Heating, Cooling, & Electrical you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.