STORE POLICY

Terms and Conditions

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION  REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS,  LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ  IT CAREFULLY. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS  WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS  AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND  CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN  ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND  ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND  CONDITIONS. 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES  FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE  NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO  FORM A BINDING CONTRACT, OR (C) ARE PROHIBITED FROM ACCESSING OR  USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR  SERVICES BY APPLICABLE LAW. 

These terms and conditions (these “Terms”) apply to the purchase and sale of  products and services through www.alysonmaier.com (the “Site”). These Terms are subject to  change by Alyson Maier LLC (referred to as “us”, “we”, or “our” as the context may require)  without prior written notice at any time, in our sole discretion. Any changes to the Terms will be  in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms  prior to purchasing any product or services that are available through this Site. Your continued  use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to  such changes. 

These Terms are an integral part of the Website Terms of Use that apply generally  to the use of our Site. You should also carefully review our Privacy Policy before placing an  order for products or services through this Site (see Section 9).

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy,  under these Terms, all products and services listed in your order. All orders must be accepted by  us or we will not be obligated to sell the products or services to you. We may choose not to  accept orders at our sole discretion, even after we send you a confirmation email with your order  number and details of the items you have ordered.  

3. Prices and Payment Terms.  

(a) All prices, discounts, and promotions posted on this Site are subject to  change without notice. The price charged for a product or service will be the price in  effect at the time the order is placed and will be set out in your order confirmation email.  Price increases will only apply to orders placed after such changes. Posted prices do not  include taxes or charges for shipping and handling. All such taxes and charges will be  added to your merchandise total, and will be itemized in your shopping cart and in your  order confirmation email. We strive to display accurate price information, however we  may, on occasion, make inadvertent typographical errors, inaccuracies or omissions  related to pricing and availability. We reserve the right to correct any errors, inaccuracies,  or omissions at any time and to cancel any orders arising from such occurrences. 

(b) We may offer from time to time promotions on the Site that may affect  pricing and that are governed by terms and conditions separate from these Terms. If there  is a conflict between the terms for a promotion and these Terms, the promotion terms will  govern.  

(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an  order. We accept paypal, visa, mastercard, and amex for all purchases. You represent and warrant that (i) the credit card  information you supply to us is true, correct and complete, (ii) you are duly authorized to  use such credit card for the purchase, (iii) charges incurred by you will be honored by  your credit card company, and (iv) you will pay charges incurred by you at the posted  prices, including shipping and handling charges and all applicable taxes, if any,  regardless of the amount quoted on the Site at the time of your order.  

4. Shipments; Delivery; Title and Risk of Loss.  

(a) We will arrange for shipment of the products to you. Please check the  individual product page for specific delivery options. You will pay all shipping and  handling charges specified during the ordering process. Shipping and handling charges  are reimbursement for the costs we incur in the processing, handling, packing, shipping,  and delivery of your order.  

(b) Title and risk of loss pass to you upon our transfer of the products to the  carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments. 

 

5. Returns and Refunds. For defective returns, please refer to the details in the product’s description on our Site.  

6. Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any  of the products or services offered on our Site. The availability of products or services through  our Site does not indicate an affiliation with or endorsement of any product, service or  manufacturer. Accordingly, we do not provide any warranties with respect to the products or  services offered on our Site. However, the products and services offered on our Site are covered  by the manufacturer’s warranty as detailed in the product’s description on our Site and included  with the product. To obtain warranty service for defective products, please follow the  instructions included in the manufacturer’s warranty.  

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS  IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT  LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF  FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST  INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY;  WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF  PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF  IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT  APPLY TO YOU.  

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES,  FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING  OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY  OBLIGATIONS TO YOU. 

7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU  OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS  OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING  TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS,  REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B)  WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH  DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT  OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR  SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE  LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND  SERVICES YOU HAVE ORDERED THROUGH OUR SITE.  

The limitation of liability set forth above shall only apply to the extent permitted by law. 

8. Goods Not for Resale or Export. You represent and warrant that you are buying  products or services from the Site for your own personal or household use only, and not for  resale or export. You further represent and warrant that all purchases are intended for final  delivery to locations within the US.  

9. Privacy. Our Privacy Policy, governs the processing of  all personal data collected from you in connection with your purchase of products or services  through the Site. 

10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have  defaulted or breached these Terms, for any failure or delay in our performance under these  Terms when and to the extent such failure or delay is caused by or results from acts or  circumstances beyond our reasonable control, including, without limitation, acts of God, flood,  fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is  declared or not), terrorist threats or acts, riot or other civil unrest, national emergency,  revolution, insurrection, epidemic/ pandemics, lockouts, strikes or other labor disputes (whether  or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in  obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown  or power outage. 

11. Governing Law and Jurisdiction. This Site is operated from the US. All matters  arising out of or relating to these Terms are governed by and construed in accordance with the  internal laws of the State of New York without giving effect to any choice or  conflict of law provision or rule (whether of the State of New York or any other  jurisdiction) that would cause the application of the laws of any jurisdiction other than those of  the State of New York. 

12. Assignment. You will not assign any of your rights or delegate any of your  obligations under these Terms without our prior written consent. Any purported assignment or  delegation in violation of this Section 12 is null and void. No assignment or delegation relieves  you of any of your obligations under these Terms.

13. No Waivers. The failure by us to enforce any right or provision of these Terms  will not constitute a waiver of future enforcement of that right or provision. The waiver of any  right or provision will be effective only if in writing and signed by a duly authorized  representative of Alyson Maier LLC.

14. No Third-Party Beneficiaries. These Terms do not and are not intended to confer  any rights or remedies upon any person other than you. 

15. Notices. 

(a) To You. We may provide any notice to you under these Terms by: (i)  sending a message to the email address you provide or (ii) by posting to the Site. Notices  sent by email will be effective when we send the email and notices we provide by posting  will be effective upon posting. It is your responsibility to keep your email address  current. 

(b) To Us. To give us notice under these Terms, you must contact us by email to aly@alysonmaier.com. We may update  the facsimile number or address for notices to us by posting a notice on the Site. Notices  provided by personal delivery will be effective immediately. Notices provided by  facsimile transmission or overnight courier will be effective one business day after they  are sent. Notices provided by registered or certified mail will be effective three business  days after they are sent. 

16. Severability. If any provision of these Terms is invalid, illegal, void or  unenforceable, then that provision will be deemed severed from these Terms and will not affect  the validity or enforceability of the remaining provisions of these Terms. 

17. Entire Agreement. Our order confirmation, these Terms, [the license agreement  relating to any product or service you obtain on or through this Site,] our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on  the matters contained in these Terms.