Terms & Conditions
Introduction and Acceptance of Terms
This website offers consumers a convenient way to find, learn about, and purchase products from American Shine Co. ( “we”,” us”, or “our”). We provide this website (the “Site”) subject to the terms and conditions set forth herein (the “Agreement”). The terms of this Agreement apply whether you are just visiting the Site or are a registered Account user (as described below). By using the Site, you acknowledge that you have read and understand this Agreement and that you agree to be bound by all of its terms. If you do not agree to all of the terms set forth in this Agreement, please do not use the Site.
Your use of this Site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Philadelphia, Pennsylvania.
In accordance with our policies, to make a purchase online, you must be at least 18 years of age.
We currently accept the following payment methods, credit cards will be charged at the time of purchase:
- Discover Card
- American Express
Making a Purchase
If you wish to purchase products or use certain services described on the Site, you will be asked to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to us will be accurate, complete and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling and processing charges, if any, relating to such purchases and transactions. Credit card orders shipped to a location other than your billing address may require additional verification.
We only sell products to individuals who can purchase with a permitted payment method.
You are permitted to purchase products or services via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products or services ordered from us. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any product or service ordered via the Site.
We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion.
Pricing and Availability
All prices and availability of products are subject to change without notice, up until the order is completed and confirmed. We make every effort to provide you the most accurate information on pricing and availability.
In addition, some of the items on our web site may be incorrectly priced or no longer available at the time you place your order.
In the event a product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the product listed at the incorrect price. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
We try our best to be as accurate as possible. However, we do not warrant that the product descriptions or other content of this Site are error-free. The colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. If a product offered by us is not as described, your sole remedy is to return it unopened in its original packaging in accordance with the Return Policy and Return Procedures.
Our preferred shipping carrier is USPS. Please see Shipping Info for a complete review of our shipping policy.
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We want to ensure your complete satisfaction. We will happily accept returns in accordance with our Return & Exchange Policy:
Code of Conduct
By accessing or using any Site or any feature provided through our Site, including but not limited to, when submitting a Communication to our Site, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity to:
- Post any information known by you to be false, inaccurate or misleading.
- Post or transmit any Communication that contains or advocates hate or racism or that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone’s use or enjoyment of the Site, as determined by American Shine Co.
- Post or transmit defamatory, libelous or slanderous Communications.
- Post or transmit any Communication that infringes another person or entity’s copyright, trademark, right of publicity or other proprietary right or violates any applicable law. Any person determined by American Shine Co., in its sole discretion, to have repeatedly violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Sites.
- Post any Communication which violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising).
- Post any Communication depicting a health condition in a derogatory or inflammatory way or misrepresenting a health condition in any way.
- Post any Communication for which you were compensated or granted any consideration by any third party.
- Post any third party web sites, addresses, email addresses, contact information or phone numbers.
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any Site or use or access to the Site.
- Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements. Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity
- Impersonate another person or entity.
- Promote, solicit, or participate in any multilevel marketing or pyramid schemes.
- Solicit personally identifiable information from or exploit children.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum or posting unrelated to a forum’s designated topic or theme.
- Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Site.
- Gain unauthorized access to any computer system or nonpublic portion of the Site or interfere with or disrupt the Web Sites or the servers or networks connected to the Site.
- Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the Sites’ users.
- Engage in, encourage, advocate, provide instructions for or discuss with the intent to commit conduct that would constitute a criminal or civil offense or otherwise violate any federal, state, local, or international law or regulation.
American Shine Co. cannot and does not assure that other users are or will be compliant with the foregoing Code of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Contents of the Web Site - Disclaimer
The materials the Site (including any graphics, software, recommendations or other materials) and any materials made available through the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, American Shine Co. disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. American Shine Co. does not warrant or make any representations regarding the use or the results of the use of the materials in the Site in terms of its correctness, accuracy, reliability, or otherwise. The materials in the Site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of development occurring after their respective dates. American Shine Co. undertakes no obligation to verify or maintain the accuracy of such information. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Operation of the Web Sites - Disclaimer
American Shine Co. endeavors to maintain the Site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the Site or its operation. As to the operation of the Site, American Shine Co. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. American Shine Co. makes no warranty that (i) the operation of the Site will meet the user’s requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan Horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You (and not American Shine Co.) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting the Site. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Limitation of Liability
In no event American Shine Co. be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if American Shine Co. has been previously advised of the possibility of such damages, whether in an action under contract, negligence. or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, service, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
You agree to indemnify, defend, and hold harmless American Shine Co., its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of the Agreement, your use of the Site (including negligent or wrongful conduct) and/or the use of any Site for which you have registered by any other person using your user account.
Applicable Law and Disputes
The Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Pennsylvania, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of American Shine Co. products via the Site) shall be resolved exclusively in the state or federal courts located in Philadelphia, PA. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
The foregoing notwithstanding, you agree that American Shine Co., at its sole discretion, may require you to submit any disputes directly or indirectly arising out of or relating to the Agreement or the Site exclusively to final and binding arbitration taking place in Philadelphia, Pennsylvania under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Pennsylvania, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of American Shine Co. products via the Site) must be commenced within one (1) year after the claim or cause of action arises.
No failure on the part of American Shine Co. to enforce any part of the Agreement shall constitute a waiver of any of American Shine Co.’s rights under the Agreement whether for part or future actions on the part of any person. Neither the receipt of any funds by American Shine Co. nor the reliance of any person on American Shine Co.’s actions shall be deemed to constitute a waiver of any part of the Agreement. Only specific, written waiver signed by an authorized representative of American Shine Co. shall have any legal effect whatsoever.
If these Terms do not address your question or if you would like to report a violation of our Code of Conduct, please contact us as follows:
Contact us via email: firstname.lastname@example.org
Last updated: 2/7/2015