Product Fitment and Purpose
The products are commercial grade and not are to be expected to be consumer level. Such products are louder, harder to use, less aesthetic, bigger, consumes more power, runs hotter and requires more attention and maintenance. More importantly these products may require professional licensed installation in order to function. Improper installation voids all if any manufacturer warranty, and can cause grave harm to you and your property. As such, care and consideration must be taken prior to ordering. If you change your mind, the cost is high. See Cancelling/Modifying Section.
Item Availability
In-stock items generally ship in 1-3 business days, see Processing. For items shipping directly from the manufacturer, estimated processing times are generally expect to be as same but are not guaranteed. If items are back ordered, we will send you notification by your contact information. If your order is time sensitive, please discuss with our team members.
Cancelling/Modifying an Order
Once your order is placed, we cannot guarantee that it can be modified or cancelled. The sooner you contact us, the better the chances. Your order is committal and we reserve the rights to either honor or refuse such request within reason. Your order is not automatically entitled to refund or credit, if any. There may be cancellation fee and/or restocking fees that is beyond our control. Whilst we make every effort to work on your request, our manufacturer may impose costs. We simply pass this cost to you. Typical fee is 35%, depending on the stage of the order. Customized product have zero (0) value implicitly or explicitly, and absolutely no credit or refund are given on these products. There are no exception for customized products. See Fees Section and Return Section. You may discuss your request with team member and work out a resolution that is amicable to both sides.
Fees Arise from Order
There may be fees that arise for orders you place with us that is not immediately known at checkout. You agree to pay us the following extraneous fees/cost in relation to your order. We will contact you for these event. You further agree the payment method used in order can to be used to pay for these fees in event such fees arise. You may arrange different payment method for these fees.
1. Additional taxes that is imposed by applicable authorities for your order, even if imposed after the fact. This include but not limited to Sales Tax, Export Tax, Exercise Tax, Withholding of foreign individuals. Additional Sales Tax may be imposed after the fact for items shipping from our affiliates facilities located in tax jurisdiction that must collect tax from your location. Unfortunately this is not immediately known ahead of time and only be known at fulfillment time.
2. Additional Shipping fees charged by shipper for hard to access areas, usage of lift-gate, lack of unloading equipment, storage fee and/or re-delivery fee. This is typical charge for certain freight companies and occasionally for common package carriers such as UPS, FedEx, USPS, DHL, etc…. Many times these charges are related to hardship of delivering to your location and shippers will not always know ahead of times.
Online Security
To ensure our customers’ safety online, all orders go through security checks before we start processing them. Please keep this in mind while ordering, as there may be a slight delay before processing. If additional information is needed to help ensure the order’s validity, we will reach out to you via your contact information.
Order Communication
As an e-commerce company, communication is essential. Please make sure you provide correct and up to date contact information when placing order. Your agree to accept and receive communications from us regarding matters related to the Order, even after completion of the Order.
Promotional Communication
Should you sign up for offers or promotional communications, you agree to accept and receive without bias such communication sent to your designated destination, either physical mailing address or online virtual address such as email or phone. You may op-out of such communication at any time.
Price Match
Upon request we may price match against published, verified, non-bundled, non-special, non-complex offers from other websites for identical items. We will however not price match against ourselves, including our affiliated companies, for past, present and upcoming prices.
Price Changes and Updates
Pricing on our website is updated in real time. Price is updated without notice. Product prices may change during the time your order is placed. This update can be due to manufacturer increases, tariff increase and/or other market related reasons. Although this rarely happen, for orders placed during such price increase, we reserve the rights to refuse or cancel any incomplete orders at the time.
Pricing Errors
All prices are subject to change without notice. In the rare event that a product is listed at an incorrect price due to a website error, programming error, and/or human error, we will resolve the discrepancy, at our discretion, on all orders placed for the product listed at the incorrect price. This resolution may involve coming to an agreed upon price with the customer or a cancellation of the order.
Specification Errors and Variations
The specification and details of the products and items are kept to the best and as accurate as possible. (1)Certain products such as filters, curbs, walk-in, doors, etc use nominal sizes. These nominal sizes are usually almost always different from actual sizes, and this is accepted in their respective industry. For example, 25×25 filter is never exactly 25×25. (2)Certain products have variations that are considered categorically same, but may be different enough to affect your usage. For example, condensers with the same casing, same power, and same efficiency, but are otherwise different in venting, different connection, and internal piping. We fulfill with these equivalent items and let you know. Most of the time, these items serve their purpose, however may require slight consideration during installation. If you are not accepting such then the order will be cancelled and refunded. Within reason if you don’t respond or failed to respond within 1 business day then these equivalent products are deemed acceptable. (3)In unlikely event that a product has been grossly mislabeled or incorrectly described, please rely on official documentation from respective manufacturer. Please research thoroughly on the product and its specification prior to order. We reserve the rights to not honor cancellation or modification of order under these circumstances.
Receipt of Incorrect Product / Damaged Product
If you believe you received the incorrect product or damaged product, please do not open, or use the item, and keep item in original packaging. Make sure to clearly note the problem on the delivery sheet, bill of laden, or instrument of the same. Take any and all evidence of this product. Contact us immediately. We will work with you and shipping company to resolve the problem. We may require pictures or other proof and additional information on the product you received. Shipping company may not warrant any claims unless additional insurance is purchased. We understand certain items are more critical than others. Should you require additional insurance, you must contact us immediately upon placing order to arrange for additional insurance.
Returns
We list items at wholesale price and at times below market prices. We make these item available at low price with collective negotiation with manufacturer. These items are generally only offered to professionals. We also list and sell customized products. So the items are not entitled to returns. You may contact us for other arrangements for products that you do not want any more, became non-applicable, or that you have incorrectly ordered. We may work out a solution for you, depending on the item, salvage value, and condition of the item. The solution may, but not guaranteed, include an offer of certain amount of credit for items you ship back on your own cost. You must ship this item back at your own cost to the location as directed by us. Once we receive the item, we and our affiliated manufacturer, will evaluate and verify the condition of items. We reserve the right to void any offers upon failed verification of the condition. The verification result will be sent to you. If the returned item passes such verification, we will issue the agreed upon credit to you. This credit has no monetary value but may be used for other products placed with us. The expiration time of credit is 1 year from the time of issue.
Local Pickup / Storage Policy
Products ordered with local pickup option must be picked up within 3 business days – pick up dead line. In the event that products are not picked up past the aforementioned dead line, you agree that Bargain Bowery may cancel order, charge a storage fee for unpicked up items and/or scrap the items. The cost of storage rate is proportionally base on the size of product and in location the warehouse in which the product reside. This storage cost may be more than the cost the product. You agree that you may not have any refund depending on cost of storage. You also forfeit any claims to the product. For customized product, including special order product, there is absolutely no refund regardless of any value after deducting storage cost. This is to cover the material and labor cost for making these products.
Resolution of Disputes
By using this website, you agree that any dispute or claim relating in any way to your use of any service, or to any products or services sold, distributed, or conducted by us or our affiliates, will be resolved through binding arbitration instead of in court, except where prohibited. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review or appeal of an arbitration award is very limited. An arbitrator can award on an individual basis the same damages and relief as a court, and must follow the terms found in Bargain Bowery’s conditions of use just like a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879.
To begin an arbitration proceeding, you must file a Demand for Arbitration with the AAA, according to the AAA’s rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Bargain Bowery will seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are non-frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Laws
By using any Bargain Bowery service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Bargain Bowery.
Payment
Order must be paid in full before processing. We accept major credits through our processing gateway. We accept Visa, Master, Discover, American Express and whatever the gateway accepts. The gateway may accept other credit payment brands i.e. Union Pay, Diners, etc, but these are not guaranteed. Your credit card is authorized and captured when you place your order. For alternative payments, additional terms apply. For check/money order payment, additional 7 days of processing time is required to ensure the payment is completed. For Paypal payments, we do not accept credit form from your Paypal account; we require funds to be fully available to consider the Order as paid for.
Shipping and Processing
The shipping cost when the order is placed is only an estimate. For common package carriers such as UPS, Fedex, USPS, DHL, this is fairly accurate most of the time. The discrepancy in actual and estimated cost is covered by Bargain Bowery and/or its affiliates. However for freight shipping, the actual cost may change and many variable contribute to this. When you ship with freight, you may have to pay additional freight cost for your items, after you placed your order. Please see section – Fees Arise from Order. The normal processing time is 1-3 business days. Major US holidays increase the processing time by the number of days of federally recognized days for such holiday. Once item is shipped and leaves our facility, the items are considered to be in your possession for all intend or purposes. The amount of transition time only an estimate, and is not guaranteed. The shipping companies do not compensate or reimburse you for any shipping time longer than estimated.
Freight Shipping
If you use freight shipment, you agree to abide to the freight rules in addition to other shipping rules notwithstanding. Note that some product may only be shipped with Freight as their size and weight dictates. In general, freight shipment usually has less, or none, guarantee of service of any kind, implied or explicit. This differs from common carrier like UPS, Fedex, USPS. You as consignee agree to take ownership of the items once freight company picks up the products. When the product arrives, you have opportunity to examine the products. At such point, you agree you must do due diligence on examining the products for damages and problems, and report all such problems on the bill of lading and/or copy of the shipping paper. You must have the driver or the delivery agent witness and sign for the damage notes with their signature. You may accept the products if the damage is superficial or not enough for the product to function. On the other hand, you may refuse a delivery based on the damage but you must still clearly mark and note the damage as described. Photographic evidence is strongly recommended in any case. Taking photos can only help your case. In the event that you refuse the delivery, the freight company will make assessment of the claim and involve us in resolving the issue. The resolution can be an equal valued item(s) to be shipped back to you after all the investigation and insurance processes are finished. This may take 2 to 6 weeks. Other resolutions may be you taking the damage product with some concession for you. The exact concession amount has to be agreed upon by all the parties involved, freight company, their respective agents, Bargain Bowery and affiliate agents, you and your parties, salvage parties, and any other third party involved.
Sales Tax, Duties and VAT
Sales tax is collected for destination in New York, for products from the states where manufacturer’s facilities are located, and for products where its sales is facilitated by e-commerce platform including but not limited to Amazon, Ebay, etc. Please inquire before making purchase. You may apply for Exempt Status but you must contact us prior and provide the proper and necessary documentations for the location for which has jurisdiction. Please allow for additional processing time to verify your tax status.