Terms & Conditions

Percy's Terms and Conditions

Percy's Web Store Policies and Conditions of Use

Welcome to www.percys.com. Percy’s Inc. provides their services to you subject to the following terms and conditions. If you visit or shop online at Percy’s, you agree to accept these terms and conditions. Please read them carefully.

License and Site Access

Percy’s Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Percy’s Inc. and Retailer Web Services LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Percy’s Inc. and Retailer Web Services LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Percy’s Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Percy’s name or trademarks without the express written consent of Percy’s Inc.. Any unauthorized use terminates the permission or license granted by Percy’s Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Percy’s so long as the link does not portray Percy’s, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Percy’s Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

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. Percy’s Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Risk of Loss

All items purchased from Percy’s are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Cardholder Agreement

When you make purchases from Percy’s using your major credit card, you agree to honor the terms and conditions of your cardholder agreement. Percy’s is not responsible for items lost in shipping (see "Risk of Loss").

Product Descriptions

Percy’s and its affiliates attempt to be as accurate as possible. However, Percy’s does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Percy’s itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items on our website may be price incorrectly. If an item's correct price is higher or lower than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Percy's specials are available for a limited time only. We reserve the right to remove any specials at any time.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY Percy’s Inc. ON AN "AS IS" AND "AS AVAILABLE" BASIS. Percy’s Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Percy’s Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Percy’s Inc. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Percy’s Inc. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Percy’s Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting Percy’s, you agree that the laws of the state of Massachusetts, 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 Percy’s Inc., Retailer Web Services LLC, or its affiliates.

Disputes

Any dispute relating in any way to your visit to Percy’s or to products you purchase through Percy’s shall be submitted to confidential arbitration in Massachusetts, except that, to the extent you have in any manner violated or threatened to violate Percy’s Inc.'s or Retailer Web Services LLC's intellectual property rights, Percy’s Inc. or Retailer Web Services LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Modification, and Severability

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Trademarks

Percy’s and other Percy’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Percy’s Inc. or its affiliates in the U.S. and/or other countries. Percy’s Inc. trademarks and trade dress may not be used in connection with any product or service that is not Percy’s Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Percy’s Inc.. All other trademarks not owned by Percy’s Inc. or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Percy’s Inc. or its affiliates.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Retailer Web Services LLC, Percy’s or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Percy’s and protected by U.S. and international copyright laws. All software used on this site is the property of Retailer Web Services LLC, a limited liability company formed under the laws of the state of Massachusetts and is protected by United States and international copyright laws.

COPYRIGHT COMPLAINTS

Percy’s Inc. and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

Percy's Performance Guarantee

The Percy’s Performance Guarantee, which starts from the date of delivery, will guarantee that your product will perform as well as it did the first day you purchased it, or we will repair it for you in accordance to the performance contract specifications. If we can’t fix it, we’ll replace it at No Charge!

Plus we give you 50% of your money back if you never use it.

That's right, if you never need to use your Performance Guarantee, Percy's will promptly refund, in the form of a non-refundable Percy's Gift Card, 50% of its purchase price.

Imagine, now you can have peace of mind knowing you will have no repair bills, No deductibles, and no worries that something will go wrong with one of your biggest investments. This performance guarantee gives you that kind of confidence and trust in your newly purchased products.

All local repairs are performed by our appliance service department here at Percy's. At the end of your coverage period, if you haven't used your Performance Guarantee please contact our Customer Service department at 508-756-5810 for instructions on how to receive your 50% refund.

What the customer gets

Functional Parts & Labor (Covered for the length of the contract)

Nationwide Service (Customer can still use the same toll free number to obtain service)

Food Spoilage* (If there is a power loss due to mechanical failure you can be reimbursed $200 per life of contract, one time only)

Replacement Feature* (If the product cannot be fixed GEW will replace it with a product of comparable type, quality, and functionality)

Power Surge* (If there is a power surge your product is covered however Not a direct lightening strike)

No Deductible (No additional money out of pocket)

No Lemon Policy (3 calls regarding the same problem in a 12 month period)

Transferable Contract (The contract can be transferred to a new homeowner)

Unlimited Service Calls

Toll Free Number

*If the unit is replaced by GEW due to unit being deemed unrepairable the contract ends.

What is not covered

Abuse or Misuse

Theft

Bug or rodent infestations (i.e. mice)

Cosmetic Issues

Fire

Acts of God (i.e. lightening, floods, etc..)

Unauthorized Repairs

Commercial Homes (Group Homes, Bars, Businesses & any Rental Property such as condos/apartments or complexes that do not have private owners for each unit.

Rules for Percy's Giveaways

Percy's Gift Card Giveaway:

Contest Name: Percy's Gift Card Giveaway
Contest Dates: Drawings will be every month. One winner per month.

Percy's Inc. ("Company"), will conduct the Contest substantially as described in these rules, and by participating, each participant agrees as follows:

1. Description of Contest/Participation

A. Dates of Contest:

Drawings will be held monthly. Monthly drawings will be held until last month of contest TBA.

B. How to Enter:
NO PURCHASE IS NECESSARY. PURCHASE DOES NOT INCREASE ODDS OF WINNING. Odds of winning vary greatly depending on number of entrants from this state and other states. Void where prohibited. Register by logging on to the www.percys.com contest website and complete the on-line registration form. Deadline for registration is 11:59 p.m. EST on the day before contest drawing date. One entry per person per contest period. You must register online and reside within 75 miles of Percy's Inc. on 19 Glennie Street Worcester, MA 01605. Valid contest entries must contain all information requested. Incomplete and/or multiple entries will be disqualified.

C. How To Play:
Winner(s) will be randomly selected from all entries received within 48 hours from the registration deadline. Winner(s) may be notified by telephone and/or e-mail. If a winner cannot be contacted from the information provided on the Internet registration form, the Company reserves the right to select another winner in its sole discretion.

2. Reward Card Giveaway Prize(s)

The prize(s) that may be awarded to the eligible winner(s) is a Reward Card.
Prizes are non-transferable, not redeemable for cash and not exchangeable for any other prize. All prizes must be redeemed within 30 days after being notified they have won the contest, including signed copies of release and tax forms when required. If a winner is disqualified, the Company reserves the right to determine an alternate winner or not to award that winner's prize, in its sole discretion.

Please treat Reward Card, as you would cash. If lost or stolen, or used without permission, the card cannot be replaced or the value replenished. This card represents prepayment for goods here at Percy's and can only be used for future purchases. This card has no cash value and is not redeemable for cash. Reward cards may have an expiration date.

3. Eligibility and Limitations

Participants, winner(s) and guests, if applicable, must be legal U.S. residents at least 18-years old as determined by the Company and reside within 75 miles of the Company's physical Worcester location. Winner assumes all liability for use of the prize. Only one (1) prize per household for the Contest. Only one (1) prize per household, valued at $600 or more within one year of winning any prize in a national and/or group contest conducted by the Company. Employees of the Company, the Contest's participating sponsors and their advertising agencies, members of the immediate family of any such persons are not eligible to participate and win. The term "immediate family" includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as "in-laws," or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.

4. Telephone and Delivery Disclaimer

Participants are restricted to use of ordinary and typical computer equipment and Internet access. The Company disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company's control, or otherwise. The Company disclaims any liability for received entries due to technical difficulties or transmission errors. The Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant's or any other person's computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.

5. Publicity

By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.

6. Release

By participating, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest's sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by the Company.

7. Taxes

Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes and paying any expenses associated with any prize(s) which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

8. Conduct and Decisions

By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company's decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPATE TO THE FULLEST EXTENT PERMITTED BY LAW.

9.Miscellaneous

Each winner must submit proof of eligibility and sign the Company's release form to claim the prize. No purchase necessary to participate or win. Purchase does not increase chance of winning. Void where prohibited. Odds of winning depend upon the number of participants. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as posted on the website. The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, please send your request within 30 days of the end of the giveaway by mail with a stamped, self-addressed return envelope with contest name and addressed to: Percy's 19 Glennie Street Worcester, MA 01605 Attention: Giveaways ASL. All entries become the property of the Company and will not be returned.

10. Compliance with Law

The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Company shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by local and state law.