Terms & Conditions
Table of Contents
Section 1: Terms and Conditions
Section 2: Sharp Home Appliances Online Store Terms and Conditions
Terms & Conditions
1. THIS SITE AND ALL INFORMATION OR MATERIALS FOUND ON THIS SITE AND ALL RELATED DOMAINS AND SUBDOMAINS (COLLECTIVELY, THE “SITE”), ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
EXCEPT AS EXPRESSLY SET FORTH HEREIN AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SHARP ELECTRONICS CORPORATION (“SHARP”) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AND SHARP SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF INFORMATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE INFORMATION OR MATERIALS, EVEN IF SHARP HAS BEEN ADVISED OF THE INTENDED USE OR OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL SHARP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS OR THE LIKE) OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY OR TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO A PORTION OF THIS EXCLUSION MAY NOT APPLY TO YOU.
2. These Terms and Conditions constitute the entire and exclusive agreement between you and Sharp concerning your use of this Site and supersedes any and all statements or other agreements, whether oral or written, between you and Sharp. These Terms and Conditions may not be altered, edited, supplemented or amended by you in any manner and any such alteration, edit, supplement or amendment shall be null and void, unless first agreed to by an authorized representative of Sharp in writing. These Terms and Conditions may be changed by Sharp at any time and in its sole discretion and shall be effective immediately upon posting such changes on this Site.
3. (a) Please be aware that (i) Sharp makes no representations about other websites, even those which can be accessed from the Site (“Linked Sites”), and (ii) other parties may appear to link to the Site but really do not have an active link to Sharp’s most current information. These Linked Sites are provided solely as a convenience to our visitors and for no other purpose. Such Linked Sites are not under Sharp’s control, and Sharp is not responsible for, does not endorse the content of, nor make any representations about such Linked Sites, including, but not limited to, any information or materials contained on such Linked Sites or the functionality, accuracy, substance or quality of such Link Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
(b) The Site could contain inaccuracies or typographical errors. Sharp does occasionally make changes in its products or the specifications for its products without notice. It is your responsibility to obtain the most up-to-date information available.
(c) It is your responsibility to assure that any material is free from viruses, trojan horses, worms and other undesirable properties. If you believe that any are attributable to this site, please immediately contact Sharp at 1-800-BE-SHARP.
4. Some Sharp products are sold by dealers or VARs and no warranty is provided by Sharp, only a dealer warranty accompanies the product. If Sharp issues a warranty for a product, that warranty is in writing and accompanies the product. No dealer, distributor, VAR or retailer is entitled to issue additional warranties on Sharp’s behalf. Sharp reserves the right to modify any warranty at any time. If any warranty is made for software which accompanies a Sharp product that warranty is contained in the license agreement for that software.
5. Products and services available on this Site concern only those products and services that are distributed in the United States. Our Parent Company, Sharp Corporation, and its affiliates sell products in more than 150 countries, outside the United States. The products actually sold in any other country can differ from products which Sharp sells here in the United States.
7. The trademark “Sharp” and any trademarks, service marks, product names, service names or logos of Sharp used, quoted and/or referenced on the Site are trademarks, registered trademarks, or service marks of Sharp Corporation or its affiliates. Other product names, service names, logos and/or company names used on the Site are the property of their respective holders and may be protected as their trademarks, registered trademarks, service marks and/or trade names. All of the material appearing on the Site is copyrighted and unauthorized use of any portion of our materials is protected by all relevant copyright laws. These materials may not be copied, modified, published, transmitted, distributed or otherwise made available or exploited without Sharp’s express written permission. By making them available, you have not been granted any license to utilize this intellectual property and any unauthorized use may subject you to prosecution under relevant copyright and trademark laws, privacy and publicity laws as well as civil and criminal statutes.
8. These Terms and Conditions and all purchases made hereunder shall be governed by and construed under the laws of the State of New York, without regard to conflict of laws rules. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS AND CONDITIONS OR YOUR ORDER.
9. Sharp’s waiver of any breach or right under these Terms and Conditions shall not be deemed a waiver of any other or subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable, such provision shall be changed and interpreted so as to best accomplish the original intent of the provision to the fullest extent permitted by law and the remaining provisions shall remain in full force and effect.
10. Sharp shall in no way be liable for any delay or failure in its performance to the extent such delay or failure is caused or is a result of acts beyond the reasonable control of Sharp, including, but not limited to, acts of God, fire, flood, earthquake, accident, riot, war, government intervention, terrorism, embargoes, strikes, labor difficulties, equipment failures, pandemic, epidemic, or any other causes beyond the control of Sharp.
SHARP HOME APPLIANCES ONLINE STORE TERMS AND CONDITIONS
Welcome to the Sharp Home Appliances online store (“Sharp Home Appliances Store”), where you can purchase some of the latest Sharp home products. The following terms and conditions, together with the Terms and Conditions, govern your use of Sharp Home Appliances Store, as well as any purchase you make via the Sharp Home Appliances Store. By using and purchasing from the Sharp Home Appliances Store, you agree to be bound by the Terms and Conditions. If you do not agree to be bound by these terms, you are not permitted to use and/or make purchases from Sharp Home Appliances Store.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SHARP'S LIABILITY EXCEED THE TOTAL PRICE PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES PURCHASED FROM THE SHARP HOME APPLIANCES STORE.
PRODUCTS AND SERVICES
Products sold through Sharp Home Appliances Store are for consumer use only, not for resale, and are for use only in the continental United States. We are unable to process any orders that originate, bill outside of the continental United States and/or are for shipment outside of the continental United States. All software (including pre-loaded software contained in hardware) is provided subject to the applicable end-user license agreement. All prices are subject to change, in Sharp’s sole discretion, prior to our acceptance of your order. Sharp also may modify and/or discontinue products or services, or limit the quantities available for order, at any time and for any reason. Further, unless otherwise specified, the Sharp products available for purchase on Sharp Home Appliances Store are new.
ACCEPTANCE OF YOUR ORDER
Any and all orders placed via Sharp Home Appliances Store are subject to Sharp’s acceptance of your order, which shall be evidenced solely by shipment of your product(s). In the event only part of your order is shipped, such shipment shall constitute only partial acceptance of your order as to those particular items. If all ordered items are shipped, such shipment shall constitute full acceptance of your order. Notwithstanding anything to the contrary set forth herein, Sharp may, in its sole discretion, reject all or any part of your order. Your placement of an order constitutes consent to email notifications regarding your order. If Sharp declines your order, whether in full or in part, we will attempt to notify you via the e-mail address you have provided with your order. Under no circumstances shall Sharp be liable for any failure to notify you of our rejection of all or any part of your order.
TRACKING YOUR ORDER
Have you already placed an order? You should receive an email with tracking information or you can call 1-800-BE-SHARP for more information.
PAYMENT TERMS; PRICE CONFIRMATION
Products and services available on Sharp Home Appliances Store are priced in U.S. Dollars. You may pay for your order with any of the credit cards options provided at check out. Your credit card will be charged at the time your order is placed. Sharp payment terms are subject to change without notice in Sharp's sole discretion. Quantities are subject to availability and Sharp reserves the right to limit the quantities of products available through Sharp Home Appliances Store. In the event of a shortage, Sharp may allocate sales and deliveries in its sole discretion.
SHIPPING, HANDLING/TITLE AND RETURN POLICY
Unless otherwise noted, posted product prices do not include shipping and handling, or delivery inside your residence. For more information regarding shipping, please refer to the Sharp Home Appliances Store’s shipping policy.
Shipping and related title transfer follow FOB origin terms. Title to software shall remain with the applicable licensor(s).
For information regarding returns, please refer to the Sharp Home Appliances Store’s return policy.
TAXES AND FEES
Sales tax is not separately calculated and collected unless explicitly indicated as such in the ordering process. Items ordered from the Sharp Home Appliances Store may be subject to tax in certain states, based on the state to which the order is shipped. If an item is subject to sales tax, in accordance with state tax laws, the tax is generally calculated on the total selling price of each individual item, including shipping and handling charges, gift-wrap charges and other service charges, less any applicable discounts. If tax is separately calculated and collected in connection with items ordered from Sharp Home Appliances Store, the tax amounts that appear during the ordering process are estimated. The actual taxes that will be charged to your credit card will be calculated at the time your order is processed and will appear in your order confirmation notification.
COUPONS, INSTANT REBATES, AND PROMOTIONS
If any purchase from the Sharp Home Appliances Store is subject to a coupon, instant rebate, or promotion, the stated terms shall govern the discount. If you return item(s), this may change or void discounts applied to your order. Coupons, rebates and promotions are not valid where prohibited by law.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Sharp Home Appliances Store may require you to open an account (including setting up an ID and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for the activity of users utilizing your user name(s) and password(s), whether or not such transactions are in fact authorized by you. You agree to notify Sharp immediately of any unauthorized use of your account or password, or any other breach of security by calling 1-800-BE-SHARP..
You are prohibited from using anyone else’s log-in credentials, password or account and Sharp reserves the right to cancel any order not made under your User ID, password or account. Sharp cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The section headings used herein are for convenience or reference only and in no way shall form a part of these Terms and Conditions or expand, limit, define, or interpret the scope of this agreement or any provision hereof.