Terms of Sale
THESE TERMS OF SALE ARE AN AGREEMENT (“AGREEMENT”) BETWEEN YOU AND SUNBEAM PRODUCTS, INC. DOING BUSINESS AS HOLMES PRODUCTS CONSUMER SOLUTIONS (collectively “Holmes”, “we” or “us”) TO PURCHASE THE ITEMS IN YOUR ORDER. PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING YOUR ORDER (1) YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, (2) YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM, AND (3) YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS AGREEMENT. If you do not wish to accept this Agreement, you should not order any products through our website.
Orders and Acceptance
By submitting an order, you represent and warrant that all personal information you have entered for the order is valid.
Except with respect to out of stock items, you cannot cancel or change an order once it has been submitted. All orders are expressly conditioned upon acceptance by us. You should notify us immediately if discrepancies are noted in the acknowledgment.
We do not currently accept orders from all addresses. At this time online, we only accept and ship orders within the fifty (50) United States, the District of Columbia, and overseas U.S. military addresses (APO/FPO/DPO).
We will issue an e-mail notifying you when your order has been shipped.
Lack of Availability
Holmes makes a reasonable effort to provide correct inventory information on its website and through our Customer Service phone line. If an item you have ordered becomes unavailable after the order has been placed, we will cancel the order and notify you by phone, mail, or email. We reserve the right to cancel orders for out of stock items at any time. If we are able to substitute a part in a different pattern or color, we do that as described in the “Replacement Parts” section below.
Parts listed as backordered may take up to eight (8) weeks to be restocked.
We attempt to be as accurate as possible in describing our products. However, we do not warrant that product descriptions or other content of our website are accurate, complete, reliable, current, or error-free. Each product is warranted, if at all, only as set forth in the link associated with the description of that product. We encourage you to review product warranties before completing your purchase.
Parts from other models are not interchangeable, may not be safe and are not guaranteed by Holmes. You may only order parts that are listed as being appropriate for the model you own.
We do not guarantee that all patterns or colors will match your model. At any time, Holmes may substitute the original color or pattern of a product part with a different color or pattern.
All prices on our website are listed in U.S. Dollars. Prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order.
In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
All payments must be made by American Express, Discover, Diners Club, VISA or MasterCard and Paypal (online only). No other payment methods are currently accepted online or through our telephone sales lines. Your rights as a cardholder are governed by your card issuer agreement and not this Agreement. You agree to notify us within sixty (60) days after any discrepancy appears on your credit card statement or such discrepancy will be deemed waived. If we do not receive payment from your credit card issuer or its agent, you agree upon our demand to pay all amounts due. You are responsible for paying any use, value-added or other taxes imposed on your purchases. We will not be responsible for any unauthorized amounts billed to your credit card by a third party.
Your credit card will be charged at the time your order is placed.
Promotional Code Rules & Restrictions
Please note that these terms and conditions may change for future promotions. When redeeming an offer advertised on our website, please click the hyperlinked promotion code, if shown, to read the specific promotional details.To use a promotion:
- Shop - add the items you want to your Shopping Cart.
- Check - “I have a promo code” on the Shopping Cart or Checkout Payment page.
- Enter Code - Enter the promotion code on the Shopping Cart or Checkout Payment page in the field “I have a promo code”.
- Click - “Apply”. You MUST click “Apply” for the promotion code to be applied to your order. If a different promotion code was previously entered, the previous promotion code will no longer be applied to your order. If your order meets the requirements of the promotion, you will see it applied within the shopping cart.
- Checkout - proceed with checkout to complete your order. The promotion will be applied to your order as displayed throughout checkout.
Promotional offer (“offer”) must be redeemed only at our website.
All offers require a promotional code for redemption. You must provide the appropriate promotional code at the time of purchase.
For a promotion communicated via email as an exclusive link you must click on the exclusive link received and complete your purchase immediately afterwards, or use the appropriate promotional code if applicable at the time of purchase.
Offers related to merchandise are valid for in-stock merchandise. We cannot offer rainchecks for promotional offers
Your order must meet all of the requirements of the offer.
If your offer has a minimum purchase requirement, shipping and handling charges do not apply toward the minimum purchase amount.
An offer may not be applied in excess of the value of the merchandise, shipping and handling charges or order, as applicable.
If the offer is for a free item based on the purchase of another item, the free item will be automatically added to your Shopping Cart after both the qualifying item is added to the Shopping Cart AND the applicable promotional code is entered. The quantity of this item may not be changed. Removal of the qualifying item from the Shopping Cart will result in the removal of the free item as well.
Free items are available only while supplies last. We cannot offer rainchecks for promotional items.
Only one promotional code may be used per order. Unless expressly stated therein no offer may be combined with any other offer, promotion, sale or other discount.
Each offer is valid for a limited time only and expires on the date specified in the offer.
Offer cannot be applied to orders already placed.
If you return items purchased using a promotional code, you will not receive a refund for the amount of the offer.
If you return items purchased using a promotional code for a free gift, the free gift must be returned as well or the value of the free gift will be deducted from your refund.
Shipment and Delivery
Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select. If you choose an express delivery service, an additional charge will be imposed at the time of your order. If your order is accepted and the items selected are in stock, your order will normally ship within the time indicated on our website. All ship and delivery dates specified on our website are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. Inspect your shipment upon arrival. Report any shipping-related damage immediately to the carrier.
Returns are only accepted for items purchased on the website or through our telephone sales line and within 30 days of purchase. Holmes does not accept returns of items purchased through any third-party, including its retail partners. To obtain further return information or to arrange to return your item please contact a Customer Service representative through the Contact Us form. All returned items must be shipped freight pre-paid. Please use a package delivery service able to track and/or insure your return items. By placing an order on our website, you are accepting this return policy.
When you visit our website, place an order or send e-mails to us, you are communicating with us electronically You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to enter into this Agreement electronically covers the current transaction only. Future transactions will require additional consent. If you wish to have a copy of this Agreement in paper form and you are unable to print a copy on your own computer system, we will provide you with a paper copy at no charge if you contact our Customer Service line at the number below.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OR THE PERFORMANCE OF ANY PRODUCT, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
Choice of Law
You may contact a Customer Service representative through the Contact Us form.
Warranty information is included in your Instruction Manual. Instruction Manuals are available online. If you have any additional questions, please contact a Customer Service representative through the Contact Us form.