Terms of Sale
Thank you for shopping at ACandB.com (the "Site"). We appreciate your business. Here are the legal terms that govern any order or purchase you make on the Site or by phone ("Agreement"). ACandB.com ("ACandB.com", "we", "us", "our") is the operator of the Site and the supplier of your order. By proceeding to place an order, you agree to be bound by this Agreement, whether or not you have read it. If you do not agree to this Agreement, do not proceed with your order. Please print and retain a copy of this Agreement for your records. Please read this Agreement carefully and let us know if you have any questions or concerns.
Customer and Account
You represent that you are at least the age of majority in your jurisdiction of residence, you are not under any legal or other disability which limits your ability to comply with this Agreement, the information you provide in connection with your purchase is truthful and accurate, and you are not purchasing the products offered for sale at this Site ("Products") for resale to others. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer. Data generated in connection with your use of your account at this Site is the property of ACandB.com. ACandB.com, in the exercise of its reasonable business judgment, reserves the right at its sole discretion to refuse to sell Products, terminate accounts, cancel orders and restrict access to the Site.
You do not need to have an account to place an order on the Site. If you have provided us with your email address, the receipt of your order will be confirmed via an automatic email. Such email is a confirmation that your order has been received by ACandB.com but does not constitute an acceptance of your order. A shipping confirmation email will be sent to confirm that your order has been accepted, your payment method has been charged and that the order has been shipped.
ACandB.com com reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Some situations that may result in your order being cancelled or refused are: (i) limitations on quantities available for purchase; (ii) inaccuracies or errors in product or pricing information on the Site; or (iii) our inability to confirm or obtain authorization for charges to your credit card. We may also require additional verifications or information before accepting any order. ACandB.com will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of the charge to your credit card.
ACandB.com com is a reseller of products manufactured by other companies. You may be entitled to the benefit of a warranty, if any, provided by the original manufacturers of the products that you purchase from ACandB.com. For warranty claims, please contact the manufacturer of your product.
The price for Products is stated in U.S. dollars. The price for an order placed by you may include additional costs, such as taxes, surcharges, shipping, and handling and other fees. You are responsible for the payment of any such additional costs. The total price of the order will be displayed to you before you legally accept the order.
ACandB.com com collects sales tax for the following jurisdictions:
· North Carolina
· North Dakota
· South Dakota
We accept Visa, MasterCard, American Express and Discover and PayPal. (See note about the use of debit cards). When paying with credit card, you authorize ACandB.com to charge the applicable card the amount of the order at the time your order is shipped. If your order requires more than one shipment, we will charge your card separately for each shipment. You will only pay one shipping charge regardless of how many shipments are required to complete your order. you before you legally accept the order.
DEBIT CARD CHARGES – When you place your order online, your bank may allocate the total order amount from your account and hold it in reserve for up to a week, or until your order ships. During this time you may not have access to those funds. If you need access to the money in the account that your debit card draws from, use a credit card instead.
You represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be shipped and ACandB.com will have no obligation to fulfill your order. All billing and registration information provided by you to ACandB.com must be truthful and accurate.
Availability and Descriptions
The purchase of Products on the Site is subject to availability. In the event that the Product you request is not available at the time of your order, we will have no obligation to fulfill your order and you will have no obligation to pay us for the order.
Although we strive to update and keep accurate Product and pricing information on the Site, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, ACandB.com shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation.
PRODUCTS DISPLAYED ON THE SITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND PRICES MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE FOR PURCHASE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
You can cancel your order on our Site by submitting your email address and order number on the Cancel My Order Page or by contacting us as set out below. However, if you have already received a shipping confirmation email, it will not be possible to cancel your order. In that case, you can return the product in accordance with our Return Policy below.
When you visit the Site, place order for Products, complete a form on the site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. Although we may also communicate with you through other media (telephone, text messages, live chat, mail and other forms now known or later developed), you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Risk of Loss
In the United States, the risk of loss and title for Products pass to you upon our delivery to the carrier, such as FedEx, or the U.S. Postal Service, or other third party shipper. In Canada, the risk of loss and title for Products pass to you upon delivery.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING WARRANTY, REMEDIES, AND RETURN POLICY ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR CUSTOM, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED BY ACandB.com AND WAIVED BY CUSTOMER. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ARE RESPONSIBLE FOR YOUR USE OF THE PRODUCT, INCLUDING ITS PROPER AND SAFE DEPLOYMENT. INFORMATION ABOUT THE PRODUCTS, SUCH AS INFORMATION, DATA, TIPS, INSTRUCTIONS, AND OTHER TROUBLESHOOTING MATERIALS PROVIDED THROUGH THE WEBSITE, VIDEOS, BLOG, SOCIAL MEDIA, EMAIL COMMUNICATIONS, LIVE CHAT OR OTHERWISE, ARE PROVIDED TO YOU FREE OF CHARGE ("REPAIR MATERIALS") AND WITH NO PROMISES, REPRESENTATIONS, OR WARRANTIES.
Limitation of Liability for Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACandB.com SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THE USE OR MISUSE OF THE PRODUCTS OR RELIANCE ON ANY REPAIR MATERIALS. IN NO CASE SHALL ACandB.com BE LIABLE TO CUSTOMER, UNDER ANY THEORY OF LAW (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, FALSE INDUCEMENT, BREACH OF CONTRACT, PRODUCTS LIABILITY) IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF ANY NONCONFORMING PRODUCT.
To ensure consistency in the interpretation and enforcement of this Agreement, this Agreement will be governed exclusively by Michigan law and applicable United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, unless the applicable laws of your jurisdiction of residence require that the laws of such jurisdiction govern, in which case, the laws of such jurisdiction are to govern.
Arbitration; Venue for Dispute Resolution
The parties shall attempt to resolve any disputes through good faith business negotiations.
All disputes or claims arising out of or relating to this Agreement, or the breach thereof, whether in law or in equity, shall be settled by arbitration, to be conducted by a single arbitrator, in Ann Arbor, Michigan, in accordance with the then effective commercial rules of the American Arbitration Association. The costs of the arbitration and the reasonable attorneys ' fees of the prevailing party shall be included in any award rendered by the arbitrator. Judgment upon the award may be entered in any court having jurisdiction thereof. Neither party shall disclose the existence, content or result of any arbitration proceeding without the prior written consent of the other party. Litigation to enforce the arbitrator 's award shall be brought only in the U.S. Court for the Eastern District of Michigan, Southern Division, or the Circuit Court for the County of Washtenaw, Michigan; the parties stipulate to personal jurisdiction and venue in such court, and agree to waive the application of forum non conveniens. The prevailing party shall be awarded attorneys ' fees and expenses in connection with any such motion to enforce the arbitration award.
After a dispute regarding this Agreement arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. In Canada, if the parties elect to use arbitration, claims shall be referred to ADR Institute of Canada.
ACandB.com com reserves the right to make changes to the Site, its policies, and this Agreement, and will place a notice of changes at its Site. Placement of orders constitutes acceptance of such changes.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be modified to the extent necessary to be valid and enforceable, and all other provisions of this Agreement will remain in full force and effect.
The failure of ACandB.com to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by ACandB.com in writing.
To contact us regarding this Agreement:
Attn: Customer Service
100 S Michigan Avenue
Coldwater, Michigan 49036