TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale were last updated on December 5, 2011
1. Binding Agreement; Priority of Terms of Sale
These Terms of Sale contain the terms and conditions that shall apply to purchases of all products or items (“Products”) available on our website, ae-advantage.com (the “Site”) for purchase or license. When you order Products from AE Advantage (“us”or “we” ”), you will be asked to confirm your order. By clicking on the “place order” button (and completing your order), you are confirming your order and your agreement to legally bind yourself or your employer or other entity, if placing the order on its behalf, to these Terms of Sale. If you are purchasing or licensing Products on behalf of your employer or other entity, by completing your order, you are also confirming your representation that you are authorized to legally bind such person or entity.
As a condition of your use of this Site, you agree that:
You are an individual person at least 18 years of age;
You possess the authority to create a binding legal obligation;
Your use of this Site will at all times comply with the terms of this Agreement:
You have the right to provide any and all information you submit to the Site,
and all such information is accurate, true, current and complete.
You may not alter, supplement, modify or otherwise amend these Terms of Sale by the use of any other document(s) or other items (whether in electronic, written or other medium) or conduct, and you agree that you will be bound by these Terms of Sale only, notwithstanding any such attempted alteration, supplement, modification or other amendment. Any attempted alteration, supplement, modification or other amendment of these Terms of Sale by you will be deemed to materially alter these Terms of Sale, and will not be binding upon us.
2. Updates to Terms of Sale
These Terms of Sale are subject to modification or update by us without prior written notice at any time in our sole discretion. The date of the last update will be noted at the top of these Terms of Sale to alert you that changes have been made to them. It is your responsibility to carefully review the Terms of Sale for modifications or updates, as the Terms of Sale in effect at the time you confirm your order will govern that particular order, and by placing an order following modification of these Terms of Sale, you or your employer or other entity for which you are placing the order are agreeing to be legally bound by the Terms of Sale, as modified.
3. Errors
We make every effort to ensure that the information on the Site is accurate, complete and current. Despite our efforts, there may be instances when information about a product inadvertently contains inaccurate or incomplete data, including data about the product's price or availability. We make no warranty or guarantee that the specifications, images or information on the Site is error-free, complete, or current. You acknowledge that there may be interruptions in service or events that are beyond our control. We reserve the right to correct errors and/or update the content on this site at any time without notice. The Site also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
We are not liable for orders that we cannot fulfill due to causes beyond our control or for incomplete or inaccurate information being supplied by you or someone acting for you, including your Internet Service Provider. Such information includes but is not limited to partial or incorrect credit or payment information.
Because we do not control the security of the internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with us and the Site while it is being transmitted. In addition we are not responsible for any data lost in transmission.
4. Shipping
Although we cannot guarantee a particular shipment date, we will make every effort to ensure that your order is processed and shipped as soon as possible. Generally, for parcel shipments, you may expect to receive your order within 3 to 10 business days. For larger items sent via common carrier, you may expect to receive your purchase within 14 business days.
5. Shipments Outside the Continental U.S.
We currently only ship orders to locations within the Continental United States. We do not ship to any international destinations.
6. Shipments to PO Boxes and AFO/FPO Addresses
We do not ship orders to P.O. Boxes or APO/FPO addresses. Shipping addresses must have a valid physical street address/
7. One Address Per Order
Each order requires a separate shipping address. Every item in a particular order will go to the address you provide. If you buy two or more Products during a visit to our Site and want to send each to a different address, we require you to enter them as separate orders. Whenever you have multiple items in your order, we try to include them all in the same shipment. However, because we want you to get your items as quickly as possible, we will ship items as soon as they are available.
8. Payment Methods
All prices are in U.S. Dollars. For your convenience, we accept the following forms of payment: MasterCard and Visa. You may purchase multiple products in a single order; however, we can only accept one form of payment for each order. We are not able to accept cash, personal checks, nor do we accept C.O.D. orders or wire transfers.
9. Returns
We will accept most item returns within 14 days of the date of your purchase (including Gifts). To initiate a return, please email our customer service team at customercare@ae-advantage.com to receive your Return Authorization number. Be sure to include the reason for your return. Merchandise returned without a Return Authorization number will not be accepted.
10. Returns Procedure
- Circle the item(s) you wish to return on the Original Shipment Packing slip. Be sure to indicate the reason by checking the appropriate Box or adding in your return comments.
- Pack your return securely in the original packaging.
- Remove the Return Address Label provided on your original packing slip and then place the remainder of that packing slip in your return package. Affix the return label to your package.
- For your protection we recommend that you use UPS or Insured Parcel Post for your return shipment.
- All return charges must be prepaid. We cannot accept C.O.D. deliveries.
- For more information please visit us online at www.ae-advantage.com, email us at customercare@ae-advantage.com or call us at 1-866-466-2271.
11. Quantities May be Limited
Sales at the Site are intended for, and limited to, personal use only. The merchandise we sell is not intended for resale.
We may, at our discretion, cancel orders or limit quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Site account or the same credit card, and also orders which use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should we impose any such restrictions.
12. Refunds
Any request for a refund should be directed to Groupon, Inc. Please refer to Groupon’s website (www.groupon.com) for its terms of service and the Groupon Promise or contact the Groupon Customer Support Team at 1-877-788-7858 Monday through Friday 9-5 central time) or support@groupon.com.
13. Damaged Merchandise
For your protection, we recommend that you inspect your merchandise before you sign for it. If your merchandise is damaged upon arrival, please keep the original shipping carton or refuse shipment and in either case, contact our Customer Service Center immediately at 1-866-466-2271.
14. Limitation of Liability
CUSTOMER’S SOLE REMEDY FOR PERFORMANCE OR NON-PERFORMANCE OF ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THIS SITE SHALL BE TO REQUEST CORRECTIONS FROM THE MANUFACTURER OR VENDOR OF THE PRODUCT AND TO OTHERWISE EXERCISE ANY AVAILABLE WARRANTY RIGHTS AGAINST THE MANUFACTURER OR VENDOR OF THE PRODUCT.
FOR ALL OTHER CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OF SALE OR ANY PRODUCT PURCHASED FROM US THROUGH THIS SITE, OUR ENTIRE LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, AS THE CASE MAY BE, SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE VOUCHER PURCHASE PRICE FOR THE SPECIFIC PRODUCT AT ISSUE. .
IN NO EVENT SHALL WE, OUR VENDORS, SERVICE PROVIDERS OR OTHER THIRD PARTIES MENTIONED ON OR ACCESSED THROUGH THIS SITE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR LOST PROFITS OR REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF GOODWILL, HARM TO OR LOSS OF RECORDS OR DATA, LOSS OF USE OF A PRODUCT, ANY CLAIMS AGAINST THE CUSTOMER BY ANY OTHER PARTY, OR OTHER CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES.
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE BASIS ON WHICH CUSTOMER IS ENTITLED TO CLAIM DAMAGES FROM US OR THE THIRD PARTY, INCLUDING BUT NOT LIMITED TO: ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR CONDITION OR REMEDY HAS FAILED ITS ESSENTIAL PURPOSE, BREACH OF CONTRACT (INCLUDING BUT NOT LIMITED TO FUNDAMENTAL BREACH), TORT, SUCH AS BUT NOT LIMITED TO NEGLIGENCE OR MISREPRESENTATION, BREACH OF STATUTORY DUTY, OR OTHER LEGAL OR EQUITABLE THEORY EVEN IF WE OR A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THESE TERMS OF SALE AND/OR A PURCHASE OF PRODUCT(S) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SHALL BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT ALLOW FOR SOME OR ALL OF THESE LIMITATIONS FOR CONSUMER TRANSACTIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Warranty Information
Many products offered on this website are covered by a manufacturer’s warranty. Please contact the specific product manufacturer for a copy of the applicable standard product warranty, if any. Other than as may be set forth in any applicable manufacturer’s warranty, all merchandise is sold AS IS without warranty. We do not adopt any manufacturer’s warranty. NEITHER WE, NOR OUR SERVICE PROVIDERS, LICENSEES, LICENSORS AND THEIR AFFILIATED COMPANIES MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW OR BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow the exclusion or limitation of implied warranties, so the above may not apply to you. Please refer to the manufacturer’s warranty to determine remedies available in the event of a defect in materials or workmanship.
Without limiting the generality of the foregoing disclaimer, We shall not be responsible for and make no warranty with respect to the configuration or the completeness of any computer or other information technology system required by Customer and Customer acknowledges and understands that ordering Products without systems integration and other technical services may not provide Customer with all of the items necessary for the system to function.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
16. Entire Agreement
These Terms and Conditions of Sale, together with the Terms and Conditions Regarding Use of This Site and the Privacy Policy represent the entire agreement between you and us and supersede any prior statements or representations. By using this website, YOU AGREE TO BE BOUND BY THE TERMS. These Terms of Sale and all sales made through this site shall be governed by the laws of the Commonwealth of Pennsylvania without regard to any conflicts of laws rules and without giving effect to any rules of private international law or convention or other principles giving rise to the application of other laws.
17. Electronic Documents
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
18. Copyright and Trademarks.
Everything located on or in this Site is the exclusive property of AE Advantage or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF AE ADVANTAGE IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part.
You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of AE Advantage or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
AE Advantage is a trademark of Almo E-Commerce, LLC. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with this Site shall not be deemed to be in the public domain but rather the exclusive property of AE Advantage, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of AE Advantage unless otherwise stated.
AE Advantage reserves the right to terminate its agreement with you or any other user who infringes its or third-party copyrights.
19. Arbitration.
We will make every reasonable effort to resolve any disagreements that you have with us. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against AE Advantage arising out of, relating to, or connected in any way with this Agreement, this Site or the purchase or sale of any product(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and Us; (b) the arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or Our individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor AE Advantage shall be entitled to arbitrate its dispute.
20. Indemnification.
To the extent permitted under applicable law, you agree to defend, indemnify and hold harmless Us, our parent company and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
21. Termination.
AE Advantage may terminate these Terms of Use at any time. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
22. Choice of Law.
Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or Our services shall be governed by the internal laws of the Commonwealth of Pennsylvania, without regard to its choice of law rules and without regard to conflicts of laws principles except that the Arbitration provision at Paragraph 19 shall be governed by the Federal Arbitration Act.
23. Additional Disclosures.
No waiver by either you or us of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
The provisions of these Terms of Use apply equally to and are for the benefit of AE Advantage, its parent company, subsidiaries, affiliates, vendors and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.