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Terms and Conditions of Antonius Caviar Online Shop

 

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE. THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEM ENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS.

 

I. General information
II. Definitions
III. Terms of Use of the Online Shop
IV. Goods
V. Registration
VI. Account Registration
VII. Placing orders /Concluding a Sales Contract
VIII. Payments
IX. Delivery of goods
X. Complaints / Withdrawal from a Contract
XI. Disclaimers
XII. Limitation of Liability
XIII. Indemnity
XIV. Dispute Resolution by Binding Arbitration
XV. Severability
XVI. Termination
XVII. Waiver of Injunctive or other Equitable Relief
XVIII. Enforceability and Admissibility
XIX. Waiver, Modification and Assignement
XX. Final provisions

 

I. General information
  1. The owner of “Antonius Caviar USA ” Online Shop is AC Northam (a limited liability company) with its registered office in Sunrise, Florida.
  2. The goods are produced for the Owner of the Online Shop by Gospodarstwo Rybackie Olsztyn II LLC with a registered seat in Ruś near Olsztyn, Poland. This entity is included in the register of caviar processing, packaging and repackaging plants under the number 0009.
  3. The Seller provides services through the Online Shop in the territory of the continental US and its territories.
  4. These Terms and Conditions define the use of the Online Shop and are available at www.antoniuscaviarusa.com/shop in such a way that a Customer, before using the services of the shop can, in an easy way, have access to Terms and Conditions, open them, record and store them, using the teleinformatic system that he/she is currently using.
  5. Before using the services of the Shop the User is obliged to read the Terms and Conditions of the shop. By using the Online Shop, the User confirms that he/she has read the Terms and Conditions and that he/she accepts them and agrees to abide by them.
  6. The Owner of the Online Shop is available for contact during working days, in the following hours: 8 am – 4 pm and at contact@antoniuscaviarusa.com.
  7. In order to access the services provided, a User has to meet the following technical requirements:
    • have a computer with Internet access and a web browser: Internet Explorer, Mozilla, Firefox, Google Chrome,
    • have an active email account,
    • enable JavaScript, frames, and CSS styles.
  8. The Owner of the Online Shop undertakes to make every effort to ensure proper and uninterrupted operation of the Shop. In the event of a malfunction or technical error caused by hardware or software problems or other causes, the Owner of the Online Shop shall make every effort to minimize all the adverse effects of any technical problems. The owner of the Online Shop is not responsible for the consequences of technical failures if they occurred due to events that, with due diligence, were not possible to predict or prevent. The Seller is not responsible for any technical disruptions, including failures in the operation of the Online Shop cause by force majeure, unauthorized operation of third parties or incompatibility of the Online Shop with Customer’s technical infrastructure.
  9. In order to develop the Online Shop and minimize the risk of any technical failures, it is necessary to have periodic technical breaks during which changes are made in the IT system. The Shop’s owner undertakes to plan technical breaks, if possible, at night hours in order to make them less inconvenient for Users.
II. Definitions
  1. Terms and Conditions – these Terms and Conditions of Antonius Caviar Online Shop,
  2. Seller – AC Northam LLC with its registered office in Sunrise, Florida, USA.
  3. User – a natural person aged 18 and upwards with full legal capacity, a legal person and an organizational unit without legal personality, but having legal capacity, only visiting the Online Shop and accepting the Terms and Conditions,
  4. Customer – the User who buys the Goods at the Online Shop,
  5. Online Shop – Antonius Caviar Online Shop at www.antoniuscaviarusa.com/shop,
  6. Order – an offer to conclude a Sales Contract submitted by a Customer via the Online Shop,
  7. Sales Contract – a contract of sales of goods concluded between the Seller and the Customer via the Online Shop,
  8. Goods – Caviar sold by the Seller via the Online Shop, where the Seller carries out the retail sale of the Goods,
  9. Registration – the process of completing a User’s form, located on the website of the Online Shop in order to conclude and execute the Sales Contract, without User Account Registration,
  10. Account Registration – the process of setting up a User Account, by entering real email address, as well as Username and Password,
  11. User Account – an Account registered by the User, which is a collection of resources in which data is collected, including order history and User’s contact details,
  12. Username – a name that uniquely identifies the User Account,
  13. Password – a string of characters which, together with the Username, identifies a User during the authentication process – logging into the User’s Account,
  14. Consumer – a natural person who undertakes with an entrepreneur a legal activity not directly related to his/her business or profession,
  15. Trade Information – a description of the Goods, their pictures with information on their prices, their availability, edited and entered by the Shop’s Owner.
III. Terms of Use of the Online Shop
  1. Placing orders without a User Account Registration.
    Users can place orders in the Online Shop without having to set up an Account – to buy as a “guest”. Before placing an order, the Customer has to register and accept the Terms and Conditions.
  2. Placing orders with User Account Registration.
    Users can place orders in the Online Shop after registering an Account – creating a User Account. Account Registration requires the User to provide his real email address and to enter a Username and Password, and then gives the possibility to fill in the “ADDRESSES” tab, “Billing Address” and “Shipping address” by providing personal data, such as name, surname, address or phone number. After logging in, the User adds the selected goods to the basket and confirms the contact details. Before placing an order, the Customer has to register and accept the Terms and Conditions.
  3. Placing orders with Registration of the User Account when placing an Order:
    Users can place orders in the Online Shop as a “guest” and register the Account when placing the order – for this purpose, after filling in the appropriate fields of the form, select the “Create an account?” option, and then enter the Username and Password.
IV. Goods
  1. Detailed information on the Goods, including prices, can be found at the Online Shops’ website www.antoniuscaviarusa.com/shop
  2. Their prices are in USD (excluding Sales Tax) and they do not include shipping costs.
  3. The Seller reserves the right to change the prices of the Goods, however, this will not affect the Orders placed before the price changes.
  4. Information on the Goods posted on the Online Shop does not constitute an offer but it is an invitation to enter into an agreement.
  5. The Goods are unpasteurized. The Goods remain suitable for consumption, provided that they are kept at a temperature between 26.6 ⁰F and 37.4 ⁰F. The Seller, in order to ensure that temperature, delivers the Goods to the Customer: within 24 hours for orders delivered within the territory of the USA and from 24 to 48 hours for orders delivered in USA Territories (in accordance with the Terms and Conditions, via a courier company) in sealed insulated packages with special reusable icepacks. After the delivery, the Goods should be removed from the packaging and then placed in a refrigerator, but not in a freezer.

 

V. Registration – placing orders as a “guest”.

It is possible to place orders without prior Account Registration – placing orders as a “guest”. For this purpose, the User each time placing an order registers data and accepts the Regulations.

  1. The User makes a Registration by entering his or her real data into the blank spaces of the form, indicating whether the Order is placed by a “natural person” or a “company”. Before registering, it is necessary to confirm that User has read the Privacy Policy and Information on the processing of personal data.
  2. If the User submits the Order as “natural person”, the following information is required:
    • name,
    • surname,
    • e-mail address,
    • phone number,
    • address,
    • shipping address of the Goods within the USA, if it differs from the address of residence.
  3. If the User submits the Order as “company”, the following information is required:
    • company name,
    • name,
    • surname,
    • e-mail address,
    • phone number,
    • company address,
    • EIN (Tax Id. No.), optional, in the Order Notes field,
    • delivery address of the Goods within the USA, if it differs from the registered office of the company.
VI. Account Registration
  1. It is possible to place Orders after registering a User Account.
  2. Account Registration requires the User to provide his / her real email address and to set the Username and Password.
  3. By using any part of the Site that requires a Username or password – including but not limited to registration through the “My Account” section of the Site – the User is responsible for maintaining the confidentiality of that Username and password and for restricting access to the User’s computer, and agree to accept responsibility for all activities that occur under his / her account or password, including, but not limited to any product orders. In the event the confidentiality of User’s account, username, or password is compromised in any manner, the User should notify AC Northam LLC immediately. Consistent with the Network and Information Security provisions of our Privacy Policy, AC Northam LLC reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and the User’s account, including without limitation terminating the User’s account, changing the password, or requesting additional information to authorize transactions on the account.
  4. Notwithstanding the above, AC Northam LLC may rely on the authority of anyone accessing the User’s account or using his / her password and in no event and under no circumstances shall AC Northam LLC be held liable to the User for any liabilities or damages resulting from or arising out of (1) any action or inaction of AC Northam LLC under this provision, (2) any compromise of the confidentiality of the User’s account or password, (3) any unauthorized access to his / her account or use of the password; or (4) any purchases made through his / her account. Any unauthorized use of the Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
  5. By using the Site, the User agrees not to impersonate any person or entity, otherwise, misrepresent his / her affiliation with a person or entity, misrepresent his / her address or country of residence, or interfere with other users of the Site. The User is solely liable for the content of any message, data, information, text, or other material he / she submits or transmits to the Site. Consistent with the Indemnity section below, the User agrees to indemnify and hold harmless AC Northam LLC from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to he / she conducts, his / her violation of this Agreement, or his / her violation of any rights of a third party.
  6. It is possible to change the Username in the “ACCOUNT DETAILS” tab.
  7. The Password must be at least twelve characters in length. It is possible to change the Password in the “ACCOUNT DETAILS” tab.
  8. Account Registration allows the User to fill in the “ADDRESSES” tab: “Billing address” and “Shipping address” by providing personal data such as name, surname, company name, address or telephone number.
  9. If the User submits the Order as “natural person”, the following information in the “Billing address” section is required:
    • name,
    • surname,
    • e-mail address,
    • phone number,
    • address,
    • shipping address of the Goods within the USA, if it differs from the address of residence.
  10. If the User submits the Order as “company”, the following information in the “Billing address” section is required:
    • company name,
    • name,
    • surname,
    • e-mail address,
    • phone number,
    • company address,
    • EIN (Tax Id. No.), optional, in the Order Notes field,
    • delivery address of the Goods within the USA, if it differs from the registered office of the company.
  11. If the Shipping Address is different from the Billing Address, it is required to complete the appropriate fields in the “Shipping Address” section.
  12. “Billing address” and “Shipping address” can be edited.
  13. After logging in, the User adds the selected Goods to the basket and confirms the contact details. Before placing an Order, it is obligatory to accept the Terms and Conditions.
  14. It is possible to register the User’s Account during the ordering process (when placing order as a “guest”) – for this purpose, after filling in the appropriate fields of the form, the “Create an account?” option should be selected. Then the Username and Password fields shout be entered. Selecting this option and correctly filling in the “Username” and “Create account password” fields will result in Account Registration.
  15. Before registering an Account, it is obligatory to read and accept the Terms and Conditions.
  16. Before registering an Account, it is obligatory to read the Privacy Policy and Information on the processing of personal data.
VII. Placing orders /Concluding a Sales Contract
  1. Placing an Order is an offer submitted by the Customer.
  2. Placing the Order is only possible after the Registration or Account Registration has been completed and the Customer acknowledges and accepts the Terms and Conditions (by indicating the appropriate choice).
  3. Orders may be submitted within 7 days of the week, 24 hours a day.
  4. The submission of the Order consists of selecting the Goods and their quantity. The Customer makes this decision by clicking the “Add to cart” button or its equivalent. The “Cart” allows the Customer to manage the selected Goods and calculate the current value of the Order, taking into account the shipping costs of the Goods. Shipping costs and Sales Tax are indicated separately from the purchase price.
  5. The Order is placed when the Customer clicks the “Order and Pay” button.
  6. Immediately after the Order has been placed, the Seller will send a message confirming the receipt of the Order to the e-mail address specified by the Customer in the Registration form. The Sales Contract is concluded the moment the Seller sends the Customer a message confirming receiving the Order.
  7. The Seller shall take the utmost care when updating the inventory of the Goods on the website. However, if the Goods indicated in the Order are physically unavailable, the Seller will contact the Customer by phone or e-mail, according to the data provided in the Registration form. The Customer will be able to change the Order, taking into account the actual availability of the Goods or cancel the Order.
  8. The confirmation of receiving the Order referred to in sec. 6 above will define the parties to the Sales Contract, the nature and quantity of the Goods covered by the Order, and the value of the Order with separately given delivery costs of the Goods as well as the shipping time.
VIII. Payments
  1. The Customer is able to pay the purchase price of the Goods increased by the cost of Sales Tax and shipping via Visa or Mastercard, or other.
  2. When ordering, the Customer can choose one of the following payment methods: Credit Card, Debit Card, or other electronic payment methods. By providing payment method information, the Customer expressly authorize AC Northam LLC, its Agents, Service Providers, and Processors to charge the payment method for the order.
  3. The seller documents the sale by e-mail to the Customer.
IX. Delivery of goods
  1. The Seller delivers the Goods within the USA via a courier company.
  2. The Goods, in the territory of the USA, are delivered within 24 hours to 48 hours from their dispatch.
  3. The Goods are shipped when payment has been credited to the account. The Goods are shipped Monday tthough Thursday, excluding holidays and days preceding the holidays.
  4. After having sent the Goods, the Seller sends the Customer an e-mail confirmation at the e-mail address provided in the Registration form or during Account Registration.
  5. The Goods are delivered to the address indicated by the Customer during the Registration or in the “ADDRESS” tab (after setting up the User Account).
  6. Returns and refund policy: due to the Goods being perishable, no returns are accepted. Refunds will be issued at the discretion of Antonius Caviar USA. Refunds will only be issued upon verification of loss by the courier.

X. Complaints / Withdrawal from a Contract

  1. The customer may check the sealing of the packaging in which the Goods are delivered to him/her.
  2. The Customer should submit a complaint to the e-mail address contact@antoniuscaviarusa.com precisely indicating in what way the goods are non-compliant with the contract.
  3. The Seller will process the complaint within 14 days. During this time the Customer shall be informed about further actions.
  4. Due to the Goods being perishable, the Customer shall not have the right to withdraw from the Contract.

XI. Disclaimers
  1. “As Is” and “As Available” Basis: The Site and the materials contained therein are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, as to the operation of the Site or the information, content, materials, products or services included on the Site. The User expressly agrees that use of the Site, including all content, data, or software distributed by, downloaded, or accessed from or through the Site, is at his / her sole risk and responsibility.
  2. Warranty Disclaimer: EXCEPT FOR SUCH EXPRESS WRITTEN AND PRODUCT-SPECIFIC WARRANTIES AS MAY BE MADE TO A PURCHASER, AC Northam LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES, AND PRODUCTS ON THE SITE. AC NORTHAM LLC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. AC NORTHAM LLC  IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE AC NORTHAM LLC ATTEMPTS TO ENSURE THE USER ACCESS AND USE OF THE SITE IS SAFE, AC NORTHAM LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER’S REQUIREMENTS.
  3. AC Northam LLC reserves the right to change any and all content contained on the Site at any time without notice. Reference to any non-AC Northam LLC products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise is for information purposes only and does not constitute or imply endorsement, sponsorship, or recommendation thereof by AC Northam LLC.
  4. The User’s Responsibility and Risk: It is solely the User’s responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Site or on the Internet generally.
XII. Limitation of Liability
  1.  IN NO EVENT SHALL AC NORTHAM LLC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION, TRANSACTIONS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF AC NORTHAM LLC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to the User, and he / she may have additional rights to those contained herein. In such states, AC Northam LLC’s liability is limited to the greatest extent permitted by law.
  3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AC NORTHAM LLC’s TOTAL LIABILITY TO THE USER, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH THE USER’S ACCESS TO AND USE OF THE SITE AND THE USER’S RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT THE USER HAS PAID AC NORTHAM LLC IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY AC NORTHAM LLC OR A MANUFACTURER OF A PHYSICAL PRODUCT.
XIII. Indemnity
  1. The User shall indemnify, defend and hold harmless AC Northam LLC and its affiliates and their respective shareholders, directors, members, managers, officers, employees, and agents from and against any and all liability, claims, costs, and expenses (including without limitation reasonable legal fees and expenses), arising out of, resulting from, or in connection with, User’s use of the Site and/or any third party sites and/or the User’s use of the products obtained from AC Northam LLC.
XIV. Dispute Resolution by Binding Arbitration
  1. Certain portions of this Section (“Dispute Resolution Section”) are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. The User and AC Northam LLC agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Dispute Resolution Section can only be amended by mutual agreement.

 

a. First – Try to Resolve Disputes and Excluded Disputes. If any controversial allegation or claim arises between the User and AC Northam LLC, including, out of the Site, this Agreement or any services or products ordered through the Site, the content, or the User’s submissions (including, Unsolicited Ideas and Materials), whether heretofore or hereafter arising (collectively, “Dispute”), then the User and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to the User will be sent to him / her based on the most recent contact information that the User provides us. But if no such information exists or if such information is not current, then we have no obligation under this Dispute Resolution Section (A). The User’s notice to us must be sent to AC Northam LLC., Attn: Legal Department, 4975 SW 76th Ave., Davie, FL 33328 For a period of sixty (60) days from the date of receipt of notice from the other party, AC Northam LLC and the User will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either The User or AC Northam LLC to resolve the Dispute on terms with respect to which her / sh and AC Northam LLC, in each of our sole discretion, are not comfortable.

 

b. Binding Arbitration. AS USED HEREIN, THE FOLLOWING DISPUTES WILL BE “ARBITRATION DISPUTES”, WHICH MAY ONLY BE RESOLVED BY BINDING ARBITRATION AS SET FORTH HEREIN: ANY AND ALL DISPUTES ARISING OUT OF, IN CONNECTION WITH OR RELATED TO DATA COLLECTION, DATA PRIVACY OR SECURITY, DATA BREACH, TEXT MESSAGING, OR COLLECTION, USE, OR DISCLOSURE OF INDIVIDUAL OR AGGREGATE CONSUMER INFORMATION AND DATA WHETHER PERSONALLY IDENTIFIABLE OR OTHERWISE. ALL ARBITRATION DISPUTES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE THEN-CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), except as modified herein, and in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration will be administered by the AAA. The Federal Arbitration Act (“FAA”) shall govern the arbitrability of all Arbitration Disputes between AC Northam LLC and the User regarding this Agreement and the Site, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY ARBITRATION DISPUTE HEARD BY A JUDGE OR JURY. All issues are for the arbitrator to decide, except that issues relating to the scope, interpretation, and enforceability of the arbitration and class action waiver provisions are to be decided only by a court of competent jurisdiction and not by the arbitrator. This arbitration provision shall survive termination of these Terms or the Site. The User can obtain AAA procedures, rules, and fee information as follows: 800.778.7879 and http://www.adr.org.

 

c. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF THE USER OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN THE USER OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE DISPUTE RESOLUTION SECTION TO THE OTHER PARTY) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.

 

d. Injunctive Relief. The foregoing provisions of this Dispute Resolution Section will not apply to any legal action taken by AC Northam LLC to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, the User-Generated Content and/or AC Northam LLC’s intellectual property rights (including such we may claim that may be in dispute), AC Northam LLC’s operations, and/or AC Northam LLC’s products or services.

 

e. No Class Action Matters. THE USER AND AC Northam LLC AGREE THAT WITH RESPECT TO ARBITRATION DISPUTES EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN USER’S OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. All Arbitration Disputes will be heard or arbitrated only on an individual basis and will not be joined or consolidated with any other claims or arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Arbitration Dispute to be arbitrated on a class action basis or on any basis involving Arbitration Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if for any reason, any court with competent jurisdiction holds that the restriction set forth in this Dispute Resolution Section (E) is unconscionable or unenforceable, then our agreement in Dispute Resolution Section (B) to arbitrate will not apply and the Arbitration Dispute must be brought exclusively in court pursuant to Dispute Resolution Section (G). Notwithstanding any other provision of this Dispute Resolution Section, any and all issues relating to the scope, interpretation, and enforceability of this Dispute Resolution Section (E), including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

 

f. Small Claims Matters Are Excluded From Arbitration
Requirement. Notwithstanding the foregoing, either of us may bring qualifying claims of disputes (including Arbitration Disputes) in small claims court of competent jurisdiction.

 

g. Federal and State Courts in Broward County, Florida. Except to the extent that arbitration is required in Dispute Resolution Section (B), small claims actions, or with respect to the enforcement of any arbitration decision or award with respect to an Arbitration Dispute, any action or proceeding relating to the Site and/or these Terms may only be instituted in state or Federal court in Broward County, Florida. Accordingly, the User and AC Northam LLC consent to the exclusive personal jurisdiction and venue of such courts for such matters, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

XV. Severability
  1. If any provision or portion thereof set forth in these terms, provisions, and conditions is found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision.
XVI. Termination
  1. Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that the User may no longer access or use the Site after this Agreement has been terminated. The sections of this Agreement entitled Copyright; Trademarks and Service Marks; Submissions; Disclaimers; Limitation of Liability; Indemnity; Third-Party Rights; Dispute Resolution by Binding Arbitration; Severability, Termination; Enforceability and Admissibility; and Waiver, Modification, and Assignment shall survive any termination of this Agreement. Upon suspension or termination of the User’s access to the Site, or upon notice from AC Northam LLC, all rights granted to the User under these terms or Agreement will cease immediately, and the User agrees that he / she will immediately discontinue use of the Site.
XVII. Waiver of Injunctive or other Equitable Relief
  1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF THE USER CLAIMS THAT HE/ SHE HAS INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH HIS / HER USE OF THE SITE, THEN THE LOSSES,DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE THE USER TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH THE USER’S CLAIM, THE USER AGREES THAT HE / SHE WILL NOT SEEK, AND HE / SHE WILL NOT BE PERMITTED TO OBTAIN, ANY RELIEF IN ANY FORUM THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY AC Northam LLC OR A LICENSOR OF AC Northam LLC.
XVIII. Enforceability and Admissibility
  1. This electronic document and any other electronic documents, policies, and guidelines incorporated herein will be: (1) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (2) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (3) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
XIX. Waiver, Modification and Assignement
  1. AC Northam’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right thereof. Neither the course of conduct between AC Northam LLC and a user of the Site nor trade practice shall act to modify any provision of this Agreement. AC Northam LLC may assign its rights and duties under this Agreement to any party at any time without notice to the User.
XX. Final provisions
  1. The owner of the Online Shop has the right to change the Terms and Conditions. The owner is obliged to inform the Users at http://www.antoniuscaviarusa.com. Changes to the Terms and Conditions come into force 14 days after they have been published at http://www.antoniuscaviar.com and through this time they shall be clearly highlighted so that Users can see them without any thorough analysis of the Terms and Conditions. The information about those changes will be visible during the time specified in the preceding sentence at every visit to http://www.antoniuscaviarusa.com/shop.
  2. The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. AC Northam LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event that a product is listed by AC Northam LLC at an inaccurate price due to typographical error or error in pricing information or for any other reason, AC Northam LLC shall have the right to (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, AC Northam LLC shall offer a refund to the User of previous amounts paid in respect of his / her purchase. The display of products on the Site shall not constitute an offer to sell.
  3. Pictures are provided for illustration purposes only. Please note that errors, inaccuracies or omissions may relate to descriptions, pictures, pricing and availability.
  4. We have used our reasonable efforts to display as accurately as possible the make-up, texture and color of the materials shown on the Site. However, because these make-up, texture and color the User sees will depend on the User’s monitor, we cannot guarantee that his/ her monitor’s display of any of these elements will be accurate. We apologize for any inconvenience this may cause.
  5. Copyright: AC Northam LLC either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content (collectively, the “Content”) that is made available to the User on this website or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this website. Except as provided in these Terms, AC Northam prohibits the redistribution or copying of any Content on this website without its express written permission. AC Northam hereby authorizes the User to display on his/ her computer, download and print pages of this website, subject to the following provisions:
    (1) the copyright notice appears on all such printouts;
    (2) the information will not be altered in any manner; and (3) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.
  6. Trademark: The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this website, including, but not limited to Antonius Caviar are registered and unregistered trademarks of AC Northam LLC and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the express written permission of AC Northam or such third party that may own the trademarks displayed on this website. The User’s misuse of the trademarks displayed on this website, or any other Content on this website is strictly prohibited.

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