Terms of Sale

Terms of Sale

 

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE SUBMITTING AN ORDER FOR PRODUCTS OR SERVICES THROUGH OUR WEBSITE

These terms and conditions of sale (“Terms of Sale”) apply between you (“you”) and Ashore Corp. (“us”, “we” or “our”) when you purchase products or services from our website located at www.ashoreshop.com/. These Terms of Sale apply in addition to our website Terms & Conditions and Privacy Policy, Shipping, Return/Refund Policies which are hereby incorporated by reference.  By ordering a product or service from us, you agree that you have read, understand and agree to these Terms of Sale and the website Terms & Conditions, Shipping,   Return/Refund Policies and Privacy Policy.

 

  1. OUR CONTRACT WITH YOU

1.1 Our acceptance of your order will take place when we debit your payment method and send you an acceptance email, at which point a contract will come into existence between you and us.

1.2 We reserve the right to accept or reject orders at our discretion, to impose quantity limits on an order and to discontinue offering certain products or services without prior notice. If we are unable to accept your order, we will inform you of this by email, and will not charge you for the product(s) or service(s) ordered. For example, we may not accept your order if the product or service you requested is no longer available.  For a return and refund after acceptance of your order, please see: Return/Refund Policy

 

 

  1. OUR RIGHTS TO MAKE CHANGES

We may make changes to these Terms of Sale at any time. If we make changes, we will post the amended Terms of Sale on our website and provide the date of the last update above and below. We encourage you to review these Terms of Sale prior to making any purchase through our website to ensure you understand the terms and conditions that apply to your purchase.

  1. DESCRIPTIONS, PRICE AND PAYMENT

3.1 We attempt to provide accurate descriptions of the products and services offered through our website. However, we cannot guarantee that descriptions, photographs, colors, sizes, prices or other content on our website are accurate, complete, current or error-free, or will appear on your device as we intended. We reserve the right to correct or change any description at any time.  The purchase price of products or services will be the price indicated on the order page as part of the checkout process. All prices are shown in U.S. dollars. Sales taxes are included when you check out and will be calculated based on your delivery location and method. Prices displayed on the website may vary from those in our stores or from store-advertised prices. All prices are subject to change without prior notice. We have promotion offers all year round. Please find the valid coupon on the webpage.

3.2 You are responsible for any sales, use, duty and other governmental taxes or fees due with respect to your purchase of products or services. We will collect applicable taxes if we determine we have or are likely to have a duty to collect such taxes. We will present an estimate of taxes to be collected on the order page as part of the checkout process. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. We may not be required to collect taxes in your state.  Your purchases are not tax-exempt merely because we fail to collect tax.  If we have not collected applicable taxes, you may have an obligation to file a use tax return and pay any tax due.

3.3 By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our payment processor) to charge your payment method for the total amount of your order, including any applicable taxes, shipping and handling, or other fees and charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter to proceed with your order.  Your payment must be debited from your payment method before your order is accepted.

  1. SHIPMENT AND DELIVERY: Shipping

4.1 Once you have provided delivery details and your order has been accepted, the delivery address cannot be changed. If you need to change the delivery address, please contact us using the details below, and we will work with you to cancel the order and place a new order.

4.2 If a product is in stock, you can expect that your product will be shipped within 5 - 7 business days from the day we start to process your order. If a product is not in stock or will need to be custom made, the estimated shipping date will be displayed to you on the order page prior to completion of your order, and is not expected to be beyond 30 days from receipt of your order.   

4.3 We will not be liable for any events outside our control including delays in shipping.  

4.4 You will receive an email on the day that your order leaves the warehouse giving you the date and estimated time of the delivery, with tracking information. If no one is available at your address to accept the delivery, the courier company will leave you a note informing you of how to arrange re-delivery. If, despite our reasonable efforts, we are unable to contact you or arrange re-delivery, we may cancel your order.  We will notify you by email in the event we cancel your order under these circumstances.

4.5 Unless we state otherwise, risk of loss or damage to a product passes to you once the product is delivered to the address you gave us and a signature is obtained for the delivery.

  1. REFUNDS AND RETURNS: see Return/Refund Policy
  2. DISCLAIMER AND LIMITATION OF LIABILITY

6.1 Your use of the products or services sold through our website is at your sole risk. Except as otherwise provided in a writing by us, the products and services are provided on an “as is” and “as available” basis. To the extent permitted by law, we disclaim and exclude all conditions, warranties, representations or other terms, which may apply to the products or services, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

6.2  To the maximum extent permitted by law, we and our affiliates, subsidiaries, parent entities, and each of our directors, officers, agents, contractors, partners, employees, successors and assigns (individually and collectively, ”Ashore Corp”) will not be liable to you under any theory of liability—whether such losses arise in contract, tort (including negligence), warranty or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Ashore Corp Parties have been advised of the possibility of such damages.  

  1. PRIVACY

For details regarding how we collect, use, share and otherwise process personal information, see our Privacy Policy.

  1. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER 

9.1 Disputes arising from these Terms of Sale and the purchase and sale of products or services through our website are subject to the dispute resolution provisions contained in our Terms & Conditions, including the mandatory arbitration provision and class action waiver for certain types of disputes.

  1. OTHER IMPORTANT TERMS

10.1 We may transfer our rights and obligations under these Terms of Sale to another organization, but your rights or obligations under these Terms of Sale will continue.

10.2 If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.3 Each of the provisions of these Terms of Sale operate separately. If any arbitrator, court or other competent authority decides that any provision or part of a provision of these Terms of Sale is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Sale and does not affect the validity and enforceability of any the remaining provisions. Other than as expressly set out in these Terms of Sale, no third party is intended to have any right or ability to enforce any of the provisions of these Terms of Sale.

10.4 The section titles in these Terms of Sale are for convenience only and have no legal or contractual effect. The word “including” as used in these Terms of Sale means “including without limitation”.  These Terms of Sale, the website Terms & Conditions, Shipping, Refund/Return Policy, and the Privacy Policy constitute the entire agreement and understanding between you and us relating to the subject matter of these Terms of Sale and supersede any prior agreement or understanding between you and us relating to the subject matter of these Terms of Sale.

10.5 You acknowledge that you have not entered into these Terms of Sale in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms of Sale (other than in respect of any fraudulent misrepresentation).

  1. CONTACT US

Questions and comments regarding these Terms should be sent to: service@ashoreshop.com