AMAFFI NEW YORK LLC

TERMS AND CONDITIONS OF SALE

Last Update: 02/16/2021

The following Terms and Conditions of Sale (the "Terms of Sale"), in addition to our Terms of Use, govern the sale of products on our website (the "Website") by consumers (also, "you", "your"). The products purchased on the Website ("Products") are sold by Amaffi New York LLC ("Amaffi", "we", "us" or "our"). Prior to submitting an order by clicking the "submit order" button, please save or print a copy of these Terms of Sale to keep on file for future reference regarding the order you are submitting. You can also view our Privacy Policy and Terms of Website Use (the "Terms of Use"), which also govern. If you do not agree with these Terms of Sale, Terms of Use, and our Privacy Policy, please do not use this Website, order any products from this Website, or provide us with your personal information.

You must be eighteen (18) years old or the age of majority in your jurisdiction in order to make a purchase on our Website. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Website. The services offered via the Websiteare not directed to minors under the age of eighteen (18). Consistent with applicable law, we do not knowingly collect personal information from minors under the age of 18 without the consent of their parent or guardian. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors under the age of eighteen (18)without such consent, upon proper notice, authority, and necessary confirmation of such, we will promptly delete it.By accessing or using the services available via our Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by our Terms of Use and these Terms of Sale.

IF YOU DO NOT AGREE TO THE TERMS OF SALE, YOU MAY NOT PURCHASE PRODUCTS VIA OUR WEBSITE.

Orders

§    Products and Pricing

Certain Products or services may be available exclusively online through the Website. These Products or services may have limited quantities and may be subject to greater restrictions regarding any availability, return, or exchange. We reserve the right to discontinue any Product at any time.

The presentation of products on this Website does not constitute a binding offer from Amaffi. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right, but are not obligated, to limit the sales of our Products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer.

When applicable, prices displayed on the U.S. portion of the Website are shown in U.S. dollars and do not include taxes. Prices are provided for informational purposes and are not binding. We may change the price of a Product, introduce new Products, or remove Products from time to time, and may communicate any price or Product changes to you in advance. By continuing to use the Website or purchase options after the effective date of a price change, you indicate your acceptance of such change. Please make sure you read any notifications of price changes carefully. Please also note that prices shown may vary between the U.S. mainland, and non-contiguous states or territories. The price displayed is based on such jurisdiction as inferred from your computer IP address. Prices remain subject to change without notice. The price on the Website at the time of ordering will apply to your order unless there is an error or inaccuracy or typographical error in a price, in which case we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing information, and in such case will use the customer information you provided to alert you to such. Any offer for any Product or service made on this Website is void where prohibited.

The Products made available by and through Amaffimay include allergens. You should always check the ingredients in every Product to avoid potential allergic reactions. If experience an allergic reaction or other adverse health event, promptly contact your health professionals.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES OR INTERACTIONS WITH ANY MEDICATIONS.

§    Accounts / Customer Information

For some of our services, including purchasing Products, you may need to or be able to register an account with us via our Website. To use such services on the Website and/or register, you must represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website, and also provide certain identifying and shipping information including your address and billing information, and a valid email address.

All information that you provide to Amaffi or its vendors, agents, associates, or partners, including your credit card information, is subject to our Privacy Policy or the respective third party policy. You are responsible for keeping your information up to date through the account management options on the Website. Each account and the rights and privileges provided to account holders is personal and non-transferable. You agree to: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, and/or registration forms within our services ("Registration Data"); (b) maintain the security of your password (if any) and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to us; (e) and to notify us immediately of any unauthorized use of your Registration Data or of any other breach of security regarding your user account.

§    Order Placement

When you click the “Order” button, you agree you are and shall remain in compliance with these Terms of Sale and our Terms of Use. Orders will not be placed and processed until you accept these Terms of Sale (for example, by placing a checkmark in the appropriate check box). Order placement may be confirmed as received by us via Registration Data you provide (order placement confirmation). This order placement confirmation does not constitute completion of your purchase, but is only intended to inform you (the buyer) that we received the purchase request.

§    Order Processing

Most orders are processed within 1-2 business days. Orders placed on major holidays will be processed the following business day. Shipping dates and/or arrival times are only estimates.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by using Registration Data provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

§    Order Cancellation

If you wish to cancel or modify an order, you may email us at orders.newyork@amaffi.com however, such communication may not impact any order depending on the state of the order. We will do our best to accommodate your request.

§    Sale Confirmation

We will contact you using Registration Data you provide to further process your order and payment (sale confirmation).

§    Payment

Payment processing for the Products may be provided by a third party payment processor as we may designate from time to time ("Payment Processor"). You may proceed with payment using the method, link, or direction received from us after we confirm the sale. Payment may be made using the options available in the payment processing procedure. By using and verifying one of these payment methods, you confirm that the payment method being used is yours. By providing a credit card or other payment method acceptable to us to us or our Payment Processor, 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 transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your account with us and any services or Products you have requested may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your use of your account or to receive any Products or applicable services.The amount payable for each order will be debited or charged to your payment account when your order is accepted by us. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we shall postpone delivery and contact you. In that case we shall not be liable for any delay or non-delivery. To protect your credit card details, we will process payment by means of an encrypted connection supported by your browser and in conformance with our Privacy Policy. We are not liable for any misuse of information by third parties.

Payment is complete when our bank account is irrevocably credited with the amount due.

Security Online

We understand how important security is to you. When you place an order at the Website, we encode your information using Secure Socket Layer (SSL) encryption technology. This is the most advanced consumer online security technique to date. You can be assured that your order will be placed safely and securely. We employ government approved encryption software. In order for encryption to take place, your browser must have the SSL protocol.

Shipping and Delivery

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Products advertised for sale on this Website may be ordered only if the invoice and delivery addresses are within the United States of America [continental], Canada, [Mexico, Guatemala, Costa Rica, Cuba, Haiti, Honduras, Dominican Republic, El Salvador, Nicaragua, Panama, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela] and Australia.

We offer different shipping options depending on your location, including standard and express deliveries. Standard shipping is free for all orders. Fees for other shipping methods are calculated during checkout. We DO NOT ship to PO boxes or APO/FPO addresses.

Incomplete Deliveries and Damaged or Faulty Products

You must notify us within thirty (30) days of the date of your purchase if you believe all or part of your order is missing or damaged. If you have concerns or problems with the Products you receive, please contact us by email at orders.newyork@amaffi.com or via the contact area on the Website and we will attempt to resolve the issue.

You may request an exchange of your Products if the Products in your order are damaged or faulty upon receipt, or if the products you have received are not the products you originally ordered.Replacement of Products for shipped Products claimed as not received are subject to our investigation, which may include postal-service notification. Amaffi will not issue any exchanges for the Products except in its sole discretion.Repeated claims of undelivered Products may result in the cancellation of your account or future orders. You may be charged, and are solely responsible for, applicable local and state sales tax, if applicable.

When exchanging damaged or faulty Products or incorrect deliveries, we will dispatch replacement items to you provided you first return the Products in your order to us in the condition in which you received them within thirty (30) calendar days as of the delivery date of the defect.

The above provisions do not affect your statutory rights.

Return Policy

Amaffi sales are final. Should you have any questions about a product you have purchased, please contact us by email at orders.newyork@amaffi.com

Accuracy of Information on the Website

We make every effort to ensure that all details, descriptions, images of products appearing on the Website are correct at the time when the relevant information was entered into the system; however, to the extent permitted by applicable law, we do not warrant that the colors, information or other content available on the Website are accurate or complete. Images of products are illustrative only; the packaging may vary from that shown. We have made every effort to display as accurately as possible the color of the products that appear on the Website; however, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the products on delivery.

Limitation on Liability

Amaffi makes no representations or warranties of any kind, express or implied, as to the products included in the Website nor as to the merchandise being sold to you. To the fullest extent permissible by applicable law, Amaffi disclaims all warranties, express or implied, including but not limited to implied warranties of quality, merchantability, fitness for a particular purpose and noninfringement, and there are no warranties, express or implied, which extend beyond the description of the merchandise contained on the order confirmation. Amaffiwill not be liable for any damages of any kind arising from the products, including but not limited to direct, indirect, incidental, punitive and consequential damages or any loss of profit, revenue, opportunity or data.

Nothing in the foregoing disclaimer of liability language shall serve to deny any consumer, that is a resident of New Jersey, (i) the right to bring a product liability claim under the New Jersey Product Liability Act, n.j.s.a. 2a:58c-1, (ii) the ability to seek punitive damages or (iii) the ability to seek consequential damages in instances of injury to the person in the case of consumer goods. 

Notwithstanding the foregoing, in the event that Amaffi is found liable in respect of any loss, damage or cause of action (whether contractual, extra-contractual or otherwise) arising out of or in connection with any product, Amaffi's liability shall be strictly limited to the sale price of that product. Certain state laws similarly do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Force Majeure

Amaffiis not liable or responsible, nor shall be deemed to have defaulted under or breached these Terms of Sale, for any failure to perform or delay in performing its obligations under these Terms of Sale due to an event of force majeure. An event of force majeure is any event or circumstance beyond Amaffi's reasonable control, such as war, hostilities, act of God, earthquake, flood, fire, or other natural disaster, strike or labor conditions, material shortage, epidemic, disease(including, but not limited to, COVID-19), and/or quarantine, government action, or failure of utilities, transportation facilities, or communication or electronic systems. A waiver of any breach of any provision of these Terms of Sale shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms of Sale.

Errors and Inaccuracies

Our goal is to provide complete, accurate, and up-to-date information on the Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order proposal has been submitted and you have received the e-mail confirming receipt of the order, and to change or update information at any time without prior notice.

Applicable Law and Competent Courts

These Terms of Sale are governed by New York law. All legal proceedings arising out of or in connection with these Terms of Sale shall be brought solely in the City of New York, State of New York. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder. When you enter into a contract of sale with us, you agree that the law of the State of New York applies to that contact, and you submit to the exclusive jurisdiction of the courts of New York in respect of it.

Changes and updates

Amaffi reserves the right to change or modify any of the terms and conditions contained in these Terms of Sale from time to time at any time, without notice, and in its sole discretion. If we decide to change these Terms of Sale, we will post a new version on the Website and update the date set forth above. Any changes or modifications to these Terms of Sale will be effective upon posting of the revisions. Your continued use of the Website following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Website. For this reason, you should frequently review these Terms of Sale and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Website.

Contact Us

If you have any question relating to these Terms of Sale, you may contact us by email at headquarters@amaffi.com

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