Terms and Conditions
Agreement between User and hhbathandsafety.com
Welcome to hhbathandsafety.com. The hhbathandsafety.com website (the “Site”) is comprised of various web pages operated by H & H Bath and Safety (“H & H”). hhbathandsafety.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of hhbathandsafety.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. hhbathandsafety.com is an E-Commerce Site. The website will showcase H & H Bath and Safety’s products and services, as well as allow customers to schedule Home Safety Checks and In-Home Product Consultations.
Visiting hhbathandsafety.com or sending emails to H & H 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.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that H & H is not responsible for third party access to your account that results from theft or misappropriation of your account. H & H and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
H & H does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use hhbathandsafety.com only with permission of a parent or guardian.
A. All products and installation services must be paid for in full at time of order.
B. Home Safety Check Services are billed immediately upon scheduling and are subject to the Cancellation Policy.
C. Home Safety Checks are billed by home size blocks, or at a minimum of a 1-hour period, and in 15-minute increments thereafter.
D. In-Home Product Consultations require a capture and verification, or hold on the credit card, when scheduled as part of our cancellation policy.
A. Orders cannot be cancelled except upon mutual agreement and confirmation from H & H.
B. Orders for custom merchandise cannot be cancelled.
C. Home Safety Check cancellations must be received and confirmed 1 full business day prior to your scheduled appointment date and time. If not received and confirmed, and/or a legally responsible party is not there, and/or we are not able to perform the inspection for any reason not under H & H’s control, then the total amount billed at scheduling or the minimum hourly charge of $100.00 will be assessed. Example (Service date is Monday at 1pm, cancellation must be received and confirmed by the previous Friday at 1pm during normal business hours.)
D. In-Home Product Consultation cancellations must be received and confirmed 1 full business day prior to your scheduled appointment date and time. If not received and confirmed, and/or the client is a “No Show”, then the minimum $50.00 charge will be assessed. Example (Service date is Monday at 1pm, cancellation must be received and confirmed by the previous Friday at 1pm during normal business hours.)
Returns & Refunds
A. Standard products are returnable prior to installation as long as they are still in their original packaging and unopened.
B. Sales of custom color/size/type products are non-refundable.
C. Returns will only be accepted with written authorization. A 30% restocking charge shall be assessed on all returns. A Return Merchandise Authorization (RMA) number must accompany all returned goods. There are no refunds on shipping costs and all returned goods are to be shipped to H & H prepaid.
D. Any Verification Charges used to validate a credit card when services are scheduled will be refunded upon successful completion of services scheduled, or a timely cancellation has occurred that complies with our cancellation policies.
Claims for shortage, loss, or damage in transit must be submitted within 48 hours of delivery.
For more information on Limited Warranty, Buyers Remedies, or more please contact us.
Partnership/Affiliate Program Policies
A. By participating in the Partnership/Affiliate Program you have acknowledged that you do not have any conflict of interest in submitting referrals due to any other contractual obligations.
B. H & H reserves the right to cancel or change the program in any way at its sole discretion.
C. Participation in the program does not constitute any form of employment and is completely voluntary.
D. All “USERS” must notify and get consent from the individual they are referring before submitting the referral to H & H.
E. Failure to get consent before submitting a referral will result in termination of your account and further participation in the program.
F. You earn commission if all criteria are met. a) you opted in and completed all steps to receive payment directly b) your referral was submitted before they became a client c) they purchased product or signed up/purchased a corresponding service as a result d) the sale and service is completed.
G. All commission payments are made the following pay period.
H. H & H utilizes third party payroll and accounting software to provide payments. Users will be required to setup the required accounts and file the appropriate paperwork with those providers to participate.
Links to Third Party Sites/Third Party Services
hhbathandsafety.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of H & H and H & H is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. H & H is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by H & H of the site or any association with its operators. Certain services made available via hhbathandsafety.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the hhbathandsafety.com domain, you hereby acknowledge and consent that H & H may share such information and data with any third party with whom H & H has a contractual relationship to provide the requested product, service or functionality on behalf of hhbathandsafety.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
The Service is controlled, operated and administered by H & H from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the H & H Content accessed through hhbathandsafety.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless H & H, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. H & H reserves the right, at its 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 H & H in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and H & H agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
H & H reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and H & H as a result of this agreement or use of the Site. H & H’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of H & H’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by H & H with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and H & H with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and H & H with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
H & H reserves the right, in its sole discretion, to change the Terms under which hhbathandsafety.com is offered. The most current version of the Terms will supersede all previous versions. H & H encourages you to periodically review the Terms to stay informed of our updates.
H & H welcomes your questions or comments regarding the Terms:
Effective as of June 01, 2018