These General Terms and Conditions
of Use ("Terms") are entered into by and between you and shopavc.com.
In consideration of your use of and access
to this Internet site (the "shopavc.com Site"), and the promises and obligations
herein, and intending to be legally bound, you and shopavc.com hereby agree as follows:
Your access to and use of the
shopavc.com Site is subject to these Terms, which incorporate the separately
BY USING THE SHOPAVC.COM SITE,
YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to
be bound by these Terms, do not use the shopavc.com Site.
Among other things, the shopavc.com
Site provides information concerning various
products and services and the opportunity to obtain additional information concerning
those products and services or to purchase them. These Terms and the information
provided on the shopavc.com
Site in no way override the terms and conditions
of your purchase of any product or service except as specifically provided herein.
To the extent any area within the shopavc.com Site contains specific terms
and conditions concerning its use ("Specific Terms"), those Specific Terms are in
addition to these Terms. To the extent there is a direct conflict between these
Terms and the Specific Terms, the Specific Terms shall prevail.
Shall have right at any time and without prior notice, at its sole discretion,
to revise these Terms or to impose new terms and conditions with respect to access
to or use of the shopavc.com
Site. Such revisions and additions shall be effective
immediately upon notice thereof, which may be given by any means, including but
not limited to posting the revised or additional terms and conditions on the shopavc.com
Site. You are responsible for reviewing the shopavc.com
for any modification to this Agreement that may affect your rights or obligations
hereunder. You agree that you shall be deemed to be apprised of and bound by any
modification by AVC
to these Terms. ANY ACCESS OR USE OF THE SHOPAVC.COM SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE
AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification
to these Terms by any party other than AVC
shall be valid or enforceable against AVC
unless expressly agreed to by AVC
in a writing signed by a duly authorized officer of AVC.
These Terms are effective
until terminated by AVC.
may terminate these Terms without notice
and at any time. In the event of termination, you are no longer authorized to access
the shopavc.com Site, and the restrictions imposed on you with respect to
the Content, and the disclaimers, indemnities, and limitations of liabilities set
forth in these Terms shall survive termination.
AVC shall also have
the right without notice and at any time to terminate the shopavc.com
Site or any portion thereof, or any products or services offered through the
shopavc.com Site, or to terminate
any individual's right to access or use the shopavc.com Site or any portion thereof.
Compliance with Laws
You agree to comply with
all applicable laws, statutes, ordinances and regulations regarding your use of
Site and your purchase of the items on the shopavc.com Site.
You must be at least 18 years old to use the shopavc.com Site.
The text, images, photographs,
graphics, logos, illustrations, descriptions, data, and other material provided
on the shopavc.com Site, as well as the selection, assembly and arrangement
thereof, are referred to collectively as the "Content."
The Content may contain
errors, omissions, or typographical errors or may be out of date. AVC
change, delete, or update any Content at any time and without prior notice. The
Content is provided for informational purposes only and is not binding on
AVC in any way except to the extent it is specifically indicated to be so.
NOTICE AND PROCEDURE FOR
MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has
A description of where the material that you claim is infringing is located on the
including the AVC Item number, if applicable; Your
address, telephone number, facsimile number and email address;
A statement by you
that you have a good faith belief that the disputed use is not authorized by the
copyright or other intellectual property owner, its agent, or the law;
by you, under penalty of perjury, that the above information in your Notice is accurate
and that you are the copyright or other intellectual property owner or are authorized
to act on behalf of the copyright or other intellectual property owner.
All prices displayed on
the shopavc.com Site are quoted in U.S. dollars. AVC may restrict delivery
to addresses within the United States and Canada. AVC will add shipping and
handling fees and applicable sales/use tax. AVC reserves the right without
prior notice to discontinue or change specifications and prices on products and
services offered on the shopavc.com without incurring any obligation to you. Products
displayed on this web-site are available while supplies last. Descriptions of, or
references to, products or services on the shopavc.com Site do not imply endorsement
of that product or service, or constitute a warranty, by
The receipt by you of
an order confirmation does not constitute AVC's acceptance of an order. Prior
to AVC's acceptance of an order, verification of information may be required. AVC reserves the right at any time after receipt of your order to accept or
decline your order, or any portion thereof, even after your receipt of an order
confirmation from AVC, for any reason.
AVC reserves the right to limit
the order quantity on any item and to refuse service to any customer without prior
In the event that a product
or service is listed at an incorrect price due to supplier pricing information or
typographical error, AVC shall have the right to refuse or cancel orders placed
for the product listed at the incorrect price, regardless of whether the order has
been confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is canceled, AVC
shall promptly issue
a credit to your credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by AVC pass to you upon
AVC's delivery to the carrier for shipment. The risk of loss
and title for all products purchased by you and shipped directly by one of AVC's
vendors pass from such vendor to you upon such vendor's delivery to the carrier
Insurance for Shipments
The merchandise that we send to our customer’s is fully insured.
This will assure the customer that when the merchandise is in transit, there is no risk in shipment.
We in turn, require that when merchandise is being shipped back to us that the customer would provide the
Disclaimer and Limitation of Liability as to the shopavc.com Site and
MAKES NO WARRANTIES
OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE
SHOPAVC.COM SITE OR ANY
LINKED WEB-SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY WEB-SITE OR THE
CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS
OF THAT CONTENT, INFORMATION AND MATERIALS.
AVC ALSO DOES NOT WARRANT OR REPRESENT
THAT YOUR ACCESS TO OR USE OF THE SHOPAVC.COM SITE
WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SHOPAVC.COM
SITE IS FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED
ON THE SHOPAVC.COM SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION
OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SHOPAVC.COM SITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties,
so some of the above exclusions may not apply to you. Check your local laws for
any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL AVC,
THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF
ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SHOPAVC.COM SITE OR ANY LINKED SITE OR ITS CONTENTS,
INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER
SYSTEMS OR OTHERWISE, EVEN IF
AVC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your shopavc.com purchase.
If for any reason you are not entirely pleased with a product you purchased on the
shopavc.com Site, simply return the item per the AVC’s Return Policy
in effect for a refund. Any returns, replacements, or any other services will be provided at the discretion of
AVC’s Respective Directors. Any custom work that AVC provides for customers will be on an
“All Sales Are Final,” basis. In order for us to assure customer satisfaction of the merchandise, we send each piece and an
approval letter to the customer before doing any custom work. When we receive the approval letter and the merchandise back
at our facility we will start the custom work. When work has been done it becomes NON-REFUNDABLE.
ALL PRODUCTS AND SERVICES SOLD BY AVC
ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE VENDORS. ACCORDINGLY,
AVC MAKES NO
REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN,
AVC EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE SHOPAVC.COM
SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES
SHALL AVC, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES
OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS
AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SHOPAVC.COM
SITE, EVEN IF AVC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL AVC'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT
OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify,
and hold harmless AVC,
AVC's vendors, and their
affiliates and related entities and their respective directors, officers, employees,
and agents from and against all claims, losses, damages, liabilities, and costs
(including but not limited to reasonable attorneys' fees and court costs), arising
out of or relating to your breach of these Terms or your access to or use of the
The foregoing indemnification obligation shall survive termination
of these Terms and the
shopavc.com Site and any product or service provided to you arising
out of or relating to your use of the shopavc.com Site.
Except as otherwise expressly provided herein or in the
posted on the shopavc.com Site, any communication or material you transmit to the
shopavc.com Site by electronic mail or otherwise, including any questions, comments,
suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used
by AVC, AVC
vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, AVC,
and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the shopavc.com
Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
These Terms constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between the parties
with respect to such subject matter. No waiver by AVC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the
shopavc.com Site shall not be construed as AVC's
purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other
than the State of Georgia.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia,
without regard to conflicts of law provisions. Additionally, any claims brought against
shall be governed by and construed in accordance with the laws of the State of Georgia.
Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement,
use of this website, or any orders placed or products purchased on shopavc.com, shall be in the state or federal courts.
Revised February, 2011