Introduction
Welcome to the Avalon Bay® Air Fryer, Ice Maker, Wine Cooler website (the “Site”). The Site is owned and operated by Avalon Bay (“Avalon Bay”, “we” or “us”).
Please read these Terms and Conditions carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree to these Terms and Conditions, you may not access or use this Site.
These Terms and Conditions are effective as of Jan 1, 2023. We reserve the right to change these Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Your continued use of this Site will signify acceptance of the revised Terms and Conditions.
Use of the Site
You must be at least 18 years old to use this Site. By using this Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms and Conditions.
The content on this Site, including text, graphics, images, logos, button icons, software, and other materials, is the property of Avalon Bay and is protected by copyright, trademark and other laws. You may view and make one printed copy of the materials for your personal use only.
You may not reproduce, distribute, modify, transmit, reuse, repost, or use the content of the Site for commercial or public purposes without Avalon Bay’s written permission. Doing so may violate copyright, trademark, and other laws.
You may not access or use the Site to collect information about Site visitors. You may not access, monitor or copy any content or information on this Site using any robot, spider, scraper or other automated means or any manual process without our express written permission.
User Account
To access certain features of the Site, you may be required to register and create an account. When you register, you agree to provide accurate, current and complete information about yourself. You are responsible for maintaining the confidentiality of your user name and password.
You are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account. We are not liable for any loss or damages from your failure to protect your account credentials.
User Content
You are solely responsible for the User Content you submit, post or transmit through the Site. User Content includes text, images, photos, audio, video and all other content you submit through the Site.
By submitting User Content, you represent and warrant that:
- You have the right to submit the User Content and grant the licenses specified below;
- Your User Content does not violate any law or regulation or infringe upon any third party rights; and
- All factual statements made in your User Content are accurate and truthful to the best of your knowledge.
You grant Avalon Bay a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display your User Content, for any purpose whatsoever.
We have the right to remove any User Content from the Site for any reason. User Content is not endorsed by Avalon Bay and does not represent our views or values.
Prohibited Content
You may not submit, post or transmit any User Content that:
- Infringes or violates any third party’s copyrights, trademarks, rights of privacy, rights of publicity, trade secrets, patents or other proprietary rights;
- Contains any defamatory, libelous, threatening, obscene, harmful, pornographic or otherwise objectionable material;
- Promotes violence, discrimination, racism, terrorism, illegal acts or extreme unsafe activities;
- Includes illegal or unauthorized copies of another person’s copyrighted work;
- Contains any viruses, Trojan horses, worms or other malicious code; or
- Is otherwise illegal under applicable laws and regulations.
We reserve the right to remove any prohibited User Content without notice. We may suspend or terminate your access to the Site if you repeatedly submit prohibited User Content.
Product Information
The Site may allow you to purchase various products we offer, such as air fryers, ice makers, wine coolers, etc. (“Products”). Product details, specifications, features, pricing and availability may change at any time without notice.
While we try to provide accurate and detailed information about Products, there may be cases where the information is incomplete or incorrect. We make no representations or warranties regarding the accuracy or completeness of any Product information.
The colors of Products shown on your computer or mobile device screen may vary based on your specific device display settings. Thus, the actual color of a Product may be slightly different from what you see on the Site.
Purchases
You must be at least 18 years old to make any purchases through this Site, including purchases of Products and gift cards.
The total purchase price for Products includes the price of the Products plus any applicable sales tax or value-added tax. You are responsible for paying any import duties or other taxes that may apply based on your location.
All purchases are subject to Product availability. We reserve the right to limit quantities available for purchase and to reject, cancel or limit orders for any reason. If we cancel your order due to unavailability, we will issue a refund in full.
Your receipt of a purchase confirmation email does not signify acceptance of your order. We reserve the right to accept or reject your order for any reason after you receive a confirmation email. If we reject your order, we will refund you the full purchase amount.
Payment
You agree to pay the total purchase price using the payment method selected during checkout. If your payment fails, your order may be cancelled. You are responsible for keeping your billing and payment information current and accurate.
All payments will be processed in U.S. dollars. Your issuing bank may convert charges at their own exchange rate. Any fees or charges imposed by your bank are your responsibility.
If you pay with a credit card, you represent that you are authorized to use that card. Using a credit card without authorization is illegal. We reserve the right to take any action in response to fraudulent credit card use, including pursuing legal action.
Shipping & Delivery
We will ship your order to the shipping address provided during checkout. You are responsible for providing a complete, accurate and deliverable address. We are not liable for any loss due to your submission of an erroneous, undeliverable or incomplete address.
The expected delivery date range will be provided during checkout. We will make reasonable efforts to deliver your order within the estimated time frame, but cannot guarantee a specific delivery date. Delivery dates may be delayed due to high order volumes or other factors. We are not liable for any damages related to shipment delays.
You are responsible for all shipping and handling costs, which will be calculated and displayed at checkout based on your shipping address. Handling costs cover materials and processing for shipment.
For oversized or high-value Products, signature confirmation of delivery may be required. If no one is available to accept delivery, the carrier may return the package back to us, and you will be responsible for all shipping costs.
You bear the risk of loss upon shipment of your order. We are not responsible for lost, stolen or damaged packages. If your shipment arrives damaged, please contact us right away to arrange for a replacement.
Cancellations, Returns & Refunds
For online purchases, you may cancel your order at any time before we ship it. Contact us immediately by phone or email if you wish to cancel an order. If you cancel, you will receive a full refund of your purchase amount.
You may return Products in new and unused condition within 30 days of delivery for a full refund. Please complete the Returns Form on our website to start the return process. Return shipping costs are non-refundable.
Customized Products cannot be returned or refunded. For health and hygiene reasons, certain Products like humidifiers and air purifiers also cannot be returned once the packaging is opened.
Upon receiving your return, we will inspect the Product. If the return meets our criteria for a refund, a refund will be issued to your original payment method within approximately 3 business days. Refund amounts will reflect any applicable shipping and handling charges.
Products damaged due to misuse or negligence are not eligible for return or refund. We reserve the right to refuse a return or limit refunds for Products that show wear or are damaged.
Promotions & Coupons
We may offer promotions and coupons providing discounts on Site purchases. Promotion eligibility and discount values will be displayed during checkout. Promotions and coupons cannot be used in combination unless specifically allowed.
Promotional codes and coupons are one-time use only, must be redeemed at checkout, and cannot be applied retroactively. We reserve the right to cancel any promotion or coupon at any time for any reason.
Promotional discounts only apply to the Products shown for the promotion, not the total purchase amount. The discounted value reflects current Product pricing, which may change over time.
Gift Cards
Gift cards purchased through this Site can only be redeemed for eligible purchases here. Gift cards cannot be used to purchase other gift cards.
Gift cards are not redeemable for cash and cannot be returned for a cash refund, except as required by law. Gift cards do not expire. No service fees will be deducted from gift card balances.
Lost or stolen gift cards cannot be replaced. Gift cards are non-transferable. You are responsible for protecting the gift card information provided at purchase. We are not liable for any unauthorized gift card use.
Disclaimers
All Products, content, services and information provided on this Site are provided on an ‘as is’ basis without warranties of any kind. We disclaim any and all warranties, express or implied, including any warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Site will operate error-free, free of viruses or other harmful components. You assume full responsibility for using the Site and any purchases made on the Site.
Your sole remedy for dissatisfaction with the Site, Products or services is to stop using the Site and our offerings. We are not liable for any damages, losses or costs resulting from your use of or inability to access and use the Site or any purchases made through the Site.
This Site may contain links to third party websites which are not under our control. We are not responsible for the content or practices of any linked website. Having a link or advertisement does not imply our endorsement of that website.
Indemnity
You agree to fully indemnify and hold harmless Avalon Bay and our officers, directors, employees and agents from any damages, losses, costs, liability or expenses incurred as a result of your use of this Site or violation of these Terms and Conditions.
Limitation of Liability
Avalon Bay will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages arising from your use of the Site or Products. This includes damages for loss of profits, sales, business or data, even if we were advised of the possibility of such damages.
In no event will our total liability arising out of or related to your use of the Site or Products exceed the greater of $100 or the total amount received by us from you, if any, over the past 12 months.
Governing Law
These Terms and Conditions shall be governed by the laws of the State of Tennessee, without regard to conflict of laws principles. Any disputes arising out of or related to these Terms and Conditions or your use of this Site will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Nashville, Tennessee.
Changes to the Terms
We may revise these Terms and Conditions from time to time to better reflect:
- Applicable laws and regulations
- Changes in our Products and services
- Improvements to Site functionality
- Customer feedback
Any changes will take effect immediately when the revised Terms and Conditions are posted on this Site. Your continued use of this Site will confirm acceptance of the updated Terms and Conditions. If you do not agree to the changes, you must stop using the Site.
Contact Us
If you have any questions or concerns about these Terms and Conditions or our Site, please contact us at:
Email: [email protected]
Phone: (615) 555-1234
Address:
Avalon Bay
123 Main St.
Nashville, TN 37205
Complete Agreement
These Terms and Conditions contain the entire agreement between you and Avalon Bay regarding use of this Site. They supersede any prior promises, agreements or representations regarding this Site.
