Terms and Conditions
References to Home Cinema Center herein refer to Home Cinema Center Co., Inc., Home Cinema Center.com, LLC, or their affiliates, subsidiaries and designees as deemed appropriate by Home Cinema Center.
Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of HomeCinemacenter.com. The collective work includes works that are licensed to HomeCinemacenter.com. Copyright 2016, HomeCinemacenter.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with HomeCinemacenter.com or purchasing HomeCinemacenter.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with HomeCinemacenter.com or to purchase HomeCinemacenter.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by HomeCinemacenter.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
NEW MERCHANDISE GUARANTEE:
When you place an order with HomeCinemacenter.com. we submit a special order to the manufacturer on your behalf. All items ship brand new, direct from the manufacturer.
Store items may be factory-direct, cancelled, or returned items.
Closeout items are ordered direct from the factory and have limited
supply. All sales are final for Clearance Store and for Closeout items.
HomeCinemacenter.com accepts MasterCard, Visa, American Express, PayPal, BillMeLater, Amazon Checkout, Money Order, Cashier’s Checks, Personal Checks and Wire Transfers. Payments entered via credit card, PayPal, BillMeLater, or Amazon Checkout will be charged in full at the time of purchase. Payments via credit card provided over the phone can be split into two payments. Orders paid via personal check will not be submitted to the manufacturer until 10 business days from the date HomeCinemacenter.com deposits the check.
All orders must be paid in full upon receipt by our delivery company.
CANCELLATION/ REFUSED SHIPMENT POLICY:
CANCELING ORDERS THAT HAVE NOT SHIPPED: HomeCinemaCenter.com does offer a cancellation policy on all of its products. You may cancel your order by sending a cancellation request to email@example.com prior to 1:00 pm the same business day that the order is placed. In the email, please write the words: CANCEL ORDER ID X, where X equals your order id. In the body of the email, please be sure to include the email address that was entered in the billing section of your order. If your order is successfully cancelled, we will email you a cancellation confirmation. If your order has been marked as shipped, please read the following section.
Limited Warranty for Damage or Defect:
HomeCinemacenter.com “Limited Warranty for Damage or Defect” guarantees that we will restore or replace (at our expense and discretion) goods delivered incorrect, damaged, or defective, as long as you follow these instructions:
1. Notate damage/defect/shortage/incorrect items on the delivery paperwork. If a package arrives that appears to be even slightly damaged (wrinkles in box, holes, indentations, missing pieces or even tears) note as " BOX & PRODUCT DAMAGED" on the delivery receipt. DO NOT REFUSE ANY PORTION OF THE SHIPMENT.
2. Notify HomeCinemacenter.com if the order arrives with damage/defect/shortage/incorrect items within 48 hours of delivery.
3. Provide pictures of the packaging and damaged/defective/incorrect items within 48 hours of delivery.
PLEASE NOTE, HomeCinemacenter.com CANNOT restore or replace incorrect or damaged goods at no charge if the incorrect item or damage is not submitted within 48 hours to our company. Incorrect items or damage found after 48hrs CANNOT AND WILL NOT be attributed to the manufacturer or delivery company. Whether or not you can see damage to the contents, ALL damage to packaging must be notated as " BOX & PRODUCT DAMAGED". Restoration or replacement is the sole remedy for items that arrive incorrect, damaged, or with defect. Requests to cancel orders for items arriving incorrect, damaged, or defective will be honored in accordance with our Cancellation & Return Policy.
DISCLAIMER ON REPRESENTING GOODS, FINISHES & DISTRESSING:
HomeCinemacenter.com offers thousands of products on our website. We do all that we can to provide the most accurate and complete product information. The customer/purchaser is responsible to review the HomeCinemacenter.comwebsite for all information, details, features, pictures, videos, construction/quality rating, and/or distressing rating for each item ordered.
HomeCinemacenter.com is responsible to deliver all goods up to the Manufacturer’s Standards and Tolerances. We cannot anticipate customers’ expectations or preferences for color, quality, scale, acceptable level of distressing, and/or fitness for a particular use. Our obligation and guarantee is to deliver the goods up to the Manufacturer’s Standards and Tolerances. If a customer requests to cancel or return furniture because it does not meet his/her subjective expectations or preferences, he/she may cancel or return an order in accordance with our Cancellation & Return Policy.
Customer’s purchasing online should be aware that there are several reasons an item may look different online than in person. Below is a list of the most common reasons an item will look different in person than it does online.
Pictures: We use pictures from the manufacturer to represent items. Whether printed or digital, pictures are representative of the actual item. Computer screens and your setting preferences can distort color. Studio lighting is often very different from environmental or home lighting.
Manufacturing Changes: Changes in production can affect design features, dimensions, and the appearance of fabrics and/or finishes. Manufacturers may change production and determine the change does not warrant the expense to reshoot a collection.
Preferences and Perception of Color & Quality: Many characteristics such as color, quality, and/or amount of distressing are subjective. Every person interprets wood species, color descriptions, color, and quality differently. Customers may view a picture and believe the finish will match something in their home. That is the customer's preference, but it may not be the reality for how the piece is finished. HomeCinemacenter.com cannot anticipate a customer's preference or expectations for an item. Please consider this before deciding to purchase online.
Distressing/Reclaimed/Refurbished furniture: Distressing techniques are typically hand-applied and will vary in quantity and location from piece to piece. Items made from reclaimed or refurbished materials will vary in color, texture, and character marks.
Natural Materials have variation: Each piece of furniture made from natural materials like wood, leather, stone, etc. will have its own unique fingerprint. Wood variations include but are not limited to wood grain, wood grain pattern (as determined by the cut of the veneer), mineral streaks, knots, burls, lightness/darkness dependent on the location in the log from which the wood is cut. Leather variations include but are not limited to skin blemishes (warts or moles), healed scars, veining, wrinkles, urine/manure burns, and leather graining. Depending upon the finish on the leather, these inherent characteristics will be more or less visible. Stone variations include but are not limited to differing grain pattern, grain density, color, veining, pit holes, and cleft.
these reasons, customers purchasing online should be aware of and
expect variation from the appearance of the item on our website to the
appearance of the item that arrives to their home.
RIGHT TO CORRECT AND/OR CANCEL:
HomeCinemacenter.com reserves the right to correct pricing and/or product
descriptions upon discovery of incorrect pricing and/or product
descriptions. This includes corrections to quotes and submitted
HomeCinemacenter.com reserves the right to cancel any order for
any reason, and we will offer a full refund if we choose to cancel your
DISPUTES, DEFAMATION & PARTIAL DELIVERIES:
In the event of a dispute of payment, charge back inquiry, or credit card dispute, HomeCinemacenter.com. reserves the right to pursue legal recourse to recuperate expenses incurred to deliver orders, regardless of the bank or credit card company’s finding for the dispute. The purchaser agrees to allow up to 9 weeks for HomeCinemacenter.com to provide a resolution for items that arrive incorrect or with damage or defect. If HomeCinemacenter.com. wins in court, the customer agrees to pay the sale price of the goods, plus any additional shipping incurred by Home Cinema Center., plus all collection and attorney’s fees associated with the collection and/or legal process.
If the customer defames HomeCinemacenter.com. with untrue or incomplete information in public reviews, to credit card companies, or to the Better Business Bureau, HomeCinemacenter.com. reserves the right to recuperate all damages caused by the customer.
If HomeCinemacenter.com cannot restore or replace an item, HomeCinemacenter.com will issue a refund for that item. If the item was purchased as part of a set, HomeCinemacenter.com will issue a refund for any item that we cannot restore or replace. If the customer would like to return items from a set because HomeCinemacenter.com cannot restore or replace an item in a set, the customer agrees to the return with a 50% restocking fee.
In cases of payment dispute, charge back inquiry, or credit card dispute, if items delivered free from damage or defect are included in the amount in dispute, HomeCinemacenter.com will consider the goods delivered to be a theft of HomeCinemacenter.com property. If and when the dispute is settled in favor of the purchaser, and HomeCinemacenter.com will pursue legal action for the theft of HomeCinemacenter.com property.
All trademarks, service marks and trade names of HomeCinemacenter.com used in the site are trademarks or registered trademarks of HomeCinemacenter.com
HomeCinemacenter.com intends for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided "AS IS." You expressly agree that your use of this site is at your sole risk. HomeCinemacenter.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
HomeCinemacenter.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HomeCinemacenter.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a HomeCinemacenter.com product is mistakenly listed at an incorrect price, HomeCinemacenter.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. HomeCinemacenter.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, HomeCinemacenter.com shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by HomeCinemacenter.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
HomeCinemacenter.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to HomeCinemacenter.com.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HomeCinemacenter.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HomeCinemacenter.com products) must be commenced within one (1) year after the claim or cause of action arises. HomeCinemacenter.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HomeCinemacenter.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a HomeCinemacenter.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Furniture Shipments (Truck Freight) - Furniture orders are shipped standard with curb side delivery on semi trucks. You may request inside delivery for an additional fee by calling 877-327-0056 and placing your order with our sales staff. (Inside delivery includes 1 hour of assembly time and does not include setup of optional components or electronics). The shipping company will unload your furniture from the truck and place as close to your house as possible. You should plan on having assistance to move your furniture into your house. Truck Freight also differs from Small Parcel in that, for residential deliveries, you will be contacted by the shipping carrier to schedule a delivery appointment. In all cases you will need to be present to accept your order. Most companies offer appointment windows (usually 2-4 hours) between 8:00 am and 5:00 pm, Monday through Friday. In most areas of the country your order will take 5-7 business days to be delivered. We work with many shipping companies, non of which are affiliated with Home Cinema Center. There are occasionally delays in shipping your order due to weather, shipper scheduling issues, delivering to remote areas, etc. Home Cinema Center is not responsible for these delays. For additional information, please see: http://www.homecinemacenter.com/help_answer.asp?I...
We ship to all areas in Canada. Shipping is automatically calculated prior to submitting your payment information. Simply add items to your cart and proceed to the Checkout page where you will be offered Shipping Method choices and their prices. All products are shipped with curb side delivery. Please note select postal codes are designated as remote locations, and may also require additional shipping fees. **Customer will be responsible for additional fees such as broker fees and duties/taxes when the shipment arrives at border. If you do not have a broker for handling these fees, our shipping companies will refer you to one.
Product warranties vary based upon the manufacturer and individual product. Most products carry a 1 year parts only warranty. If your product comes with a labor warranty, product will need to be transported to service center in Virginia for service work. If you are not near this service center you may ship your product to center for repair and prepay for return shipping. Email firstname.lastname@example.org for further details on your specific warranty. The 3 year extended warranty packages we offer are all inclusive of parts, labor and shipping charges.
HomeCinemacenter.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HomeCinemacenter.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HomeCinemacenter.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HomeCinemacenter.com in its sole discretion.
You agree to indemnify, defend, and hold harmless HomeCinemacenter.com, its officers, directors, employees, agents, 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 accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, HomeCinemacenter.com may link to sites operated by third parties. However, even if the third party is affiliated with HomeCinemacenter.com, HomeCinemacenter.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HomeCinemacenter.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HomeCinemacenter.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
TERMS OF SALE:
By submitting an order on the HomeCinemacenter.com website, you are entering a Contract of Sale governed by these Terms and Conditions of Sale. You are additionally indicating that you have read and agree to the following policies and guarantees made by Home Cinema Center, including:
You agree to pay for the complete order, or items delivered, as long as HomeCinemacenter.com orders and ships the manufacturer(s) and model number(s) in the order confirmation. HomeCinemacenter.com makes no other express or implied warranties, including implied warranties of merchantability or fitness. Home Cinema Center offers the “Limited Warranty for Damage or Defect” and "Cancellation & Return Policy" as our sole obligation and exclusive remedy. Home Cinema Center is not liable for any incidental or consequential damage.
By submitting an order via our website, you agree to waive all rights to a trial. All disputes shall be settled by arbitration, pursuant to the Federal Arbitration Act, by a certified arbitrator in a location near your residence. The foregoing agreements regarding arbitration do not apply to disputes concerning the “Limited Warranty for Damage or Defect”.
By submitting an order via our website, you agree to pay $1,000 (one thousand dollars), up to the maximum dollar amount available by law, if you file a complaint with any agency, website, organization, or credit card company, and the complaint is proven to be untrue by a certified arbitrator from your local area. In addition to this amount, you agree to pay Home Cinema Center, Inc.'s legal fees, the price of goods, and/or storage fees.
By submitting an order via our website, you agree to pay all reasonable legal fees and storage fees associated with your merchandise until we receive payment, if you disrupt payment for any reason. HomeCinemacenter.com cannot deliver, remedy, restore, or replace goods until the dispute is resolved. If Home Cinema Center, Inc. challenges the disruption of payment and the dispute is reversed in Home Cinema Center Inc.’s favor, you agree to pay HomeCinemacenter.com $500 (five hundred dollars), legal fees, the price of goods, and/or storage fees.
You agree to pay $3,000 (three thousand dollars) in addition to legal fees, storage fees, and the full price of the goods, if HomeCinemacenter.com is required to hire a collections agency for payment of damages or disputes as noted above.
HomeCinemacenter.com updated the Terms & Conditions of Sale effective 6/15/2015; If you have placed an order before this date, please contact your sales person for a copy of the Terms & Conditions of Sale at the time of your purchase.
Owner and Operator of the Home Cinema Center Web Site
HomeCinemaCenter.com, LLC is the owner and operator of the Home Cinema Center Web site.
The Home Cinema Center Web site address is www.HomeCinemaCenter.com.