Welcome to Avallon® Wine Cooler, Beverage Fridge, Appliances!
These Terms and Conditions (“Terms”) govern your access to and use of our website located at avallons.shop (the “Site”) and our related mobile applications (the “App”) – together referred to as the “Services”. The Services are owned and operated by Avallon Enterprises LLC (“Avallon”, “we”, “our”, or “us”).
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, or resources which are added to the current Services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Section 1 – General Terms
1.1 Eligibility
You must be at least 18 years of age to access or use the Services. By accessing or using the Services, you represent and warrant that:
- You are at least 18 years old.
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- Your use of the Services does not violate any applicable law or regulation.
1.2 Site Access
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your own personal, noncommercial use.
1.3 Restrictions
You agree not to:
- Use the Services for any illegal or unauthorized purpose.
- Use the Services in a way that could damage, disable, overburden, or impair the Services.
- Gain or attempt to gain unauthorized access to the Services, materials, information, or the systems on which the Services are hosted.
- Obtain or attempt to obtain materials, content, or information through any means not intentionally made available through the Services.
- Republish, redistribute, or transmit any part of the Services, including any data, text, images, audio, or video.
- Sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, download, or otherwise exploit any portion of the Services for any commercial purposes.
- Modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to extract source code from any the Services or their related technologies.
- Remove or alter any copyright, trademark, or other proprietary rights notices contained in the Services.
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Avallon.
- Use any meta tags or other hidden text or metadata utilizing an Avallon trademark, logo, URL, or product name without our express written consent.
- Use any bot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface to access, acquire, copy, or monitor any portion of the Services or obtain or attempt to obtain any materials, content, or information through any means not purposely made available through the Services.
- Conduct any systematic or automated data collection activities on or related to the Services.
- Attempt to probe, scan, or test the vulnerability of any Avallon system or network or breach any security or authentication measures used by the Services.
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measures implemented by Avallon or any of Avallon’s providers or any other third party to protect the Services.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
- Take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Services.
- Export, re-export, import, or transfer the Services in violation of any applicable laws or regulations.
- Violate or infringe anyone else’s rights or otherwise cause harm to anyone.
1.4 Availability of Services
While we aim to keep the Services up and running smoothly, we do not guarantee that the Services will always be available or uninterrupted. The Services may be suspended for maintenance, updates, or other reasons. You agree that we will not be liable to you or any third party for any suspension or unavailability of the Services.
1.5 Third-Party Services
The Services may contain features or links to websites and services provided by third parties. Any such features or links are provided for your convenience only. We do not review, endorse, approve, or control third-party websites or services, and we are not responsible for their content, privacy policies, or practices. You access any third-party websites or services at your own risk.
Section 2 – User Accounts
2.1 User Accounts
In order to access certain features or functions of the Services, you may be required to register for a user account. When you register for an account, you agree to:
- Provide accurate, current, and complete account information.
- Maintain and promptly update any account information to keep it accurate, current, and complete.
- Maintain the security and confidentiality of your login credentials and restrict access to your account.
- Take full responsibility for any activity that occurs through the use of your login credentials or account.
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, incomplete, or misleading.
2.2 Account Security
You are solely responsible for maintaining the confidentiality and security of your login credentials and any activities that occur in connection with your account, whether authorized by you or not.
You must immediately notify us of any unauthorized use of your account, login credentials, or any other breach of security. We will not be liable for any loss or damages arising from your failure to adequately secure your account.
2.3 Account Termination
You may terminate your account at any time by contacting us. We may suspend or terminate your account at any time for any reason, including for improper use in violation of these Terms.
Upon account termination, your right to access or use the Services immediately ceases. We will make reasonable efforts to return or delete your information from our servers. However, some information may persist in backups or records for our legitimate business purposes or as required by law.
Section 3 – User Content
3.1 User Content
The Services may allow you and other users to upload, submit, or transmit text, images, audio, video, or other content (“User Content”). You retain full ownership of any User Content you submit through the Services.
You agree not to upload, submit, transmit, or otherwise make available any User Content that:
- Infringes any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
- Violates any law, statute, ordinance, or regulation.
- Is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character, or likely to cause annoyance, inconvenience, embarrassment, anxiety, or could cause harassment to any person.
- Advertises any illegal goods or services or solicits others to perform or participate in any unlawful acts.
- Impersonates someone else or contains personally identifiable information published without consent.
- Contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs.
We do not endorse or assume any liability for any User Content submitted by users. We have no obligation to prescreen, monitor, review, or edit any User Content. However, we reserve the right to refuse, delete, or edit any User Content in violation of these Terms.
3.2 License Grant
By submitting User Content through the Services, you hereby grant Avallon a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, modify, and promote the User Content in connection with the Services and Avallon’s business.
You warrant and represent that you have all rights necessary to grant the foregoing license. You understand that your User Content may be re-shared by other users on the Services.
Section 4 – Purchases and Payments
4.1 Product Sales
The Services may allow you to purchase products that we make available for sale through the Services (“Products”). All purchases of Products are subject to our refund policy described below.
4.2 Prices and Payment Terms
The prices displayed on the Services for Products represent the full purchase price payable by you. All prices are displayed in U.S. dollars and do not include shipping charges or taxes, which will be added to your total purchase price during checkout.
We accept payment by credit card or other methods made available through the Services. All payments must be made in advance and payment is due in full upon placing your order.
4.3 Shipping and Delivery
When you purchase Products, they will be shipped to you using the shipping method you select during checkout. Delivery timelines displayed on the Services are estimates only and are not guaranteed delivery times.
Title and risk of loss pass to you upon our transfer of the Products to the carrier. You are responsible for all shipping and handling charges incurred to deliver the Products. We will not be liable for any delay in delivery or failure to deliver any Products.
4.4 Refunds
Because of the nature of the Products, we do not offer refunds for any reason. Please review your order carefully before submitting.
4.5 Taxes
You are responsible for any taxes arising from or associated with your purchases from us, except for taxes on our net income. Applicable taxes will be added to your total purchase price during checkout.
Section 5 – Warranty Disclaimers
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AVALON EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AVALON DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE ACCURATE, TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE. ANY CONTENT DOWNLOADED FROM OR THROUGH THE SERVICES IS DOWNLOADED AT YOUR OWN RISK.
Section 6 – Limitation of Liability
AVALON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS, INCLUDING YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES OR PRODUCTS, OR FOR ANY ERRORS OR OMISSIONS IN THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, PRODUCTS, OR CONTENT IS TO STOP USING THE SERVICES.
OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL FEES PAID BY YOU TO ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS IN THE SIX (6) MONTHS PRIOR TO THE CLAIM ARISING.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS CONTAINED IN THESE TERMS MAY NOT APPLY TO YOU.
Section 7 – Indemnification
You agree to indemnify, defend, and hold harmless Avallon and our officers, directors, employees, agents, representatives, licensors, and suppliers from any claims, losses, damages, liabilities, including attorney fees, arising from or related to:
- Your violation of these Terms;
- Your use or misuse of the Services or Products;
- Any User Content you submit, post, transmit, or otherwise make available through the Services; or
- Your violation of any third-party rights or applicable laws, rules, or regulations.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. You will cooperate as fully as reasonably required in our defense of any claim.
Section 8 – Governing Law
These Terms and your access to and use of the Services are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and entirely to be performed in the State of Tennessee, without resort to its conflict of law provisions. For any disputes not subject to arbitration as described below, you and Avallon agree to submit to the personal jurisdiction of the federal or state courts located in Nashville, TN.
Section 9 – Arbitration Agreement
Most user concerns can be resolved quickly and amicably by contacting our Customer Support team at [email protected]. In the unlikely event that our Customer Support team is unable to resolve your concerns, we each agree to resolve disputes through binding arbitration instead of through court proceedings.
Any and all disputes or claims between you and Avallon arising from or related to the Services shall be finally settled through binding arbitration on an individual basis. This mutually-binding arbitration replaces the right to go to court, including the right to participate in a class action, class arbitration, or other representative or consolidated proceeding.
The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be conducted by a single neutral arbitrator selected by the AAA. The arbitration shall take place in Nashville, TN or, for convenience, by phone, or online.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator can award any damages or other relief allowed for an individual claim under applicable law, but may not award relief for, against, or on behalf of anyone who is not a party to the proceeding.
Each party will bear their own fees and costs associated with any arbitration. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms shall be enforced.
Section 10 – Modifications to Services
Avallon reserves the right to modify, suspend, or discontinue the Services at any time with or without notice to you. We will not be liable for any modification, suspension, or discontinuance of the Services.
Section 11 – Changes to Terms
We may amend these Terms from time to time by posting the updated Terms on our website. Changes will be effective immediately upon posting. Your continued use of the Services following any changes constitutes your acceptance of the new Terms. If any change is unacceptable, you must stop accessing and using the Services.
Section 12 – General Provisions
12.1 Entire Agreement: These Terms constitute the entire agreement between you and Avallon relating to your access to and use of the Services. These Terms supersede any prior or contemporaneous representations or agreements.
12.2 Severability: If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions.
12.3 No Waiver: Any failure by Avallon to enforce these Terms or to assert any right under these Terms will not be deemed a waiver of that or any other right.
12.4 Assignment: You may not assign any of your rights or delegate your obligations under these Terms without the prior written consent of Avallon. Avallon may freely assign our rights and obligations under these Terms.
12.5 Contact Information: Please contact us at [email protected] with any questions regarding these Terms.
Thank you for visiting Avallon® Wine Cooler, Beverage Fridge, Appliances!
