Terms of Service

AubreyJackson.shop

Terms and Conditions (Last updated on September 29, 2020)

Terms and Conditions:

Please read the terms of this Agreement and any provided Supplemental License Terms (collectively, the "Agreement") carefully before using or ordering from this website. By using our services or continuing to browse our website, you agree to our Terms of Service. If you do not agree to our terms and conditions, please leave this website.

All sales are conducted by AubreyJackson.shop and are subject to our Terms and Conditions of Sale, which are as follows:

1. Overview

This website is operated by AubreyJackson.shop. Throughout the site, "we," "us," and "our" refer to AubreyJackson.shop. AubreyJackson.shop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the site or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site after any changes are posted constitutes acceptance of those changes.

Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you. 2

.Site Use and Content:

You may view the images on this Site for your personal, non-commercial use only. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information on this Site without the express permission of AubreyJackson.shop. FogoCharcoal.com may make changes to the Site or the services or products described on the Site at any time without notice. 3

.Restrictions:

The information and images contained on this Site are protected by copyright. Title to the Images and all related intellectual property rights are owned by AubreyJackson.shop and/or its licensors. You may not reproduce any Images for your personal, non-commercial use unless expressly authorized in any supplemental license terms. This Agreement does not grant AubreyJackson.shop or its licensors any right, title or interest in any trademark, service mark, logo or trade name. 4

.Prices:

The prices shown are subject to any sales, use or other taxes, however designated, imposed or based upon such prices or this Agreement or the sale or use of the property sold hereunder (the "Equipment"), including state and local privilege or excise taxes based on gross income and any taxes or amounts in lieu thereof paid or payable by Seller in connection with the foregoing, but excluding taxes based on net income. Any personal property taxes assessed on the Equipment as of the date of acceptance of this Agreement shall be the responsibility of the Customer. Seller reserves the right to charge interest of 1.5% per month on all invoices not paid after the due date. 5

.Returns:

It is the Customer's responsibility to ensure the quality of all goods received. All sales are final, except for damaged or defective goods. If you need to return an item, please contact Customer Service. All returned goods are subject to a Return Material Authorization (RMA). In order to obtain a refund to your bank account, your order must be completed within 30 days of requesting a refund. For your security, the refund must be issued to the card you used to purchase.

If your credit card has expired or has been cancelled, we will issue a store credit. After 30 days, we will issue a check in the name of the billing account contact.

Our system is designed to provide security for our customers, so no credit card information is stored. After 30 days, we may no longer be able to issue a refund for your order through the merchant processing company. For security reasons, we do not accept credit card payments.

For more return terms and conditions, please click here to view our Return Policy page (last updated on September 29, 2020) or continue reading below. If the item you received was damaged during shipping, please contact our Customer Service Center at +1 212-390-1654 or email Support@AubreyJackson.shop. Proof of purchase or record of purchase is required for returns or refunds. All returns must be made within 90 days of the item being shipped. Returns must be accompanied by a Return Authorization issued by AubreyJackson.shop. To obtain a Return Authorization, please send your return request to Support@AubreyJackson.shop. Your return request must include the following information:

Copy of invoice and order confirmation

Your name, address, phone number, email address

Reason for return:

Upon receipt of a return that complies with these terms, we will refund the original purchase price less shipping and handling charges.

Please allow 10-12 business days for us to receive and process your return or exchange. You will receive an email notification once your return has been processed.

All sales are shipped F.O.B. Aubrey Jackson. All risk of loss, destruction or damage to the product due to theft, fire, flood, or any other cause shall pass to the customer upon shipment of the equipment to the customer. The occurrence of any such event shall not relieve the customer of the obligation to pay the balance of the purchase price.

7. Disclaimer and Limitation of Liability:

Seller's liability to Customer, any person in Customer's household, any guest or any customer, or any customer of any customer, regardless of the form of action, whether in tort or contract, for any loss, damage or expense caused by (but not necessarily limited to) any negligence of Seller, any defect in the products, use or any other cause, shall be limited to the actual cost of the goods purchased by Customer (without interest). In no event shall Seller be liable for lost profits or other consequential damages, or for any claim brought by any other party against Customer, even if Seller or its representatives have been advised of the possibility of such damages. Unless otherwise expressly provided in this Agreement, Seller shall in no event be liable for any loss, damage or expense caused by technical or other advice or representations given by Seller or any of its employees, representatives or sales personnel in connection with any food preparation.

In no event shall Seller be liable for any loss, damage or expense caused by technical or other advice or representations given by Seller or any of its employees, representatives or sales personnel in connection with the customer's use of the goods sold on AubreyJackson.shop.

8. INDEMNIFICATION:

Customer shall indemnify and hold Seller harmless from any and all claims, actions, proceedings, expenses, damages or liabilities (including attorneys’ fees) arising out of Customer’s personal use of any product purchased from Seller. 9

. Governing Law:

These Terms and Conditions and all disputes arising out of or relating thereto shall be governed by the laws of the State of Florida, U.S.A., without regard to its conflict of law rules, and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods. In addition, any and all disputes of any nature arising out of, relating to or connected with these Terms and Conditions and/or any purchase by Customer shall be resolved exclusively by a court of competent jurisdiction located in Miami-Dade County, Florida. Furthermore, Customer irrevocably and unconditionally consents to the personal jurisdiction of the courts located in Miami-Dade County, Florida, and Customer hereby expressly waives any claim that Miami-Dade County, Florida is an inconvenient or inappropriate forum and that Buyer is not subject to personal jurisdiction in Miami-Dade County, Florida. 10

. Place of Payment:

All payments made by Customer to Seller under the terms of this Contract shall be made at Seller’s place of business as indicated on the front of this document or at such other place as Seller may designate.

11. Attorneys' Fees and Recovery Costs:

Seller shall be entitled to recover all of its costs, including all costs of recovery and actual attorneys' fees in all forms and at trial and on appeal, if it is necessary for Seller to enforce the terms and conditions of this Agreement, including Seller's disclaimers and limitations of liability. 12

. Non-Performance:

Seller shall not be required to perform its obligations under this Agreement and shall not be liable for its failure to perform if the non-performance is caused by an act of God, war, civil unrest, strike, lockout, transportation, equipment unavailability, accident, power failure, law, regulation, ordinance, act or order of any governmental agency or official, or any cause beyond Seller's control.

13. Liquidated Damages:

All payments and deposits made by Customer under this Agreement are non-refundable and constitute liquidated damages in the event of Customer's default, as the amount of damages cannot be ascertained. 14

. Validity of Agreement:

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any manner. 15

. Agreement:

This Agreement contains the entire agreement between the parties with respect to the Products purchased. Neither party has relied or will rely on any promise, representation, warranty or covenant not contained in this Agreement. Each party has relied on its own review of this Agreement and its terms and the advice of its own advisors. Any failure or refusal by either party to review this Agreement or other documents, or to obtain legal or other advice in connection with this transaction, shall constitute a waiver of any objection, dispute or claim that may arise based on such review, examination or advice. No modification or amendment to this Agreement shall be effective unless in writing and signed by authorized representatives of Customer and Seller. This Agreement may not be assigned by Customer without the prior written consent of Seller. By placing an order with Seller, or by delivery or acceptance of products or services provided by Seller, you accept the above terms. 16

. Customer's Commitment:

Customer commits that it has the right to reproduce any images provided to Seller. Customer shall indemnify and hold Seller harmless from any claims arising out of any licensing or copyright issues arising from the reproduction of any images at the request of Customer.

17. SMS Policy

These terms and conditions govern the use of automated marketing messages sent by AubreyJackson. By entering your name and phone number in the prompted dialog box, you consent to receive periodic automated marketing messages from AubreyJackson; messages may include SMS and MMS messages. AubreyJackson automated text messages are currently operated by Klaviyo and/or Manychat. As such, automated messages may be sent by Klaviyo, Manychat, or another third party on behalf of AubreyJackson. In agreeing to receive the above messages, you acknowledge that:

You are a current wireless service plan subscriber and/or authorized user of the mobile phone number you entered in the consent form on our website (AubreyJackson.shop), or you have obtained permission from the wireless service plan subscriber and/or authorized user of the mobile phone number to enroll the mobile phone number in our automatic text message subscription; and

You grant AubreyJackson express permission and consent to send automatic text messages, which may include SMS and MMS messages, to the phone number listed and entered in the system, unless such permission is revoked in accordance with these Terms and Conditions; and

You are at least 13 years of age, and any and all automatic text messages sent by or on behalf of AubreyJackson are not directed to anyone 13 years of age or younger; and

The name you enter in the dialog box when subscribing to receive AubreyJackson automatic text messages shall be deemed your "signature" as defined in Florida Statutes § 501.059(1)(h); and

AubreyJackson Recognize and comply with all numbers listed on the Do Not Call List, unless you override the Do Not Call designation by subscribing to receive automated text messages from AubreyJackson. By granting AubreyJackson permission to send automated text messages, you hereby request to receive these automated text messages, notwithstanding that your mobile phone number may be listed on a federal and/or state Do Not Call list; therefore, you agree that, to the extent permitted by law, your request hereby supersedes any prior Do Not Call request for or related to your currently enrolled AubreyJackson program; and

The consent you provide is not a prerequisite to making any purchase from AubreyJackson. If you choose not to provide AubreyJackson with your name and phone number, you may still make purchases from the Site;

All messages sent to you comply with federal and applicable state laws; and

Message and data charges may apply to receiving these automated text messages, and by subscribing to receive these text messages from AubreyJackson, you consent to any such charges by your mobile carrier; notwithstanding the foregoing, AubreyJackson will not charge any fees for the transmission of these automated text messages. The mobile carrier providing service to your mobile device is not responsible for delayed or undelivered messages. You agree to provide us with a valid mobile phone number. If you get a new mobile phone number, you will be required to register the plan with your new number; and

The message frequency of all messages sent by Fogo Charcoal via automated text messages may vary; and

You may unsubscribe from receiving any and all automated text messages from AubreyJackson at any time by replying STOP on your mobile phone. If at any time thereafter, you re-enroll a phone number into the AubreyJackson Automatic Text Message Program, you will be re-subscribed to receive our automatic text messages; and

AubreyJackson reserves the right to change or modify these terms and conditions as necessary. Any such changes or revisions will be deemed effective as of the date of posting hereAubrey Jackson may change the short code or phone number used to transmit automated text messages at any time. If such a change occurs, Fogo Charcoal will provide notice in the content of the first automated message sent to your registered phone number.

For assistance or more information, please see the Contact Us page: https://www.Aubrey Jackson.shop/pages/customer-service. 18.

Privacy:

We respect and are committed to protecting your privacy. When you visit our website, we may collect personally identifiable information. We also automatically receive and record information from your browser, including your IP address, cookie information, and the pages you visit. We do not sell your personally identifiable information to anyone. 19

. Security:

Your payment and personal information is secure. Our Secure Sockets Layer (SSL) software is the industry standard and one of the best software currently used for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, making it unreadable over the Internet.

Credit card information for web orders is protected in the following ways:

128-bit encryption between the server and web browser.

Credit card numbers are not stored in our database. We retain only the last 4 digits to verify the card number used.

Once the information is transmitted to our servers for processing, we use encryption on the back end to transmit the request to our payment processor to verify the credit card and authorize the order total.

If authorization, address verification, and risk assessment are passed, the order is accepted and a unique ID is associated with the order for billing purposes for the prior authorization. This ID does not contain an identifiable link to a credit card number.

20. Aubrey Jackson Terms of Use

For Aubrey Jackson Terms of Use (last updated February 12, 2020), please click here.

21. Sales and Special Discounts

Promotional codes and offers are valid on the order value of eligible merchandise placed online at AubreyJackson.shop, excluding shipping and taxes. Only valid on items in stock at time of purchase. Excludes gift cards and bundled items. Discount applied to cart at checkout. Other exclusions or restrictions may apply. Limit one (1) discount code per purchase unless otherwise stated. Not valid on prior purchases. Offer may not be used in conjunction with any other sale, promotion, discount, code, coupon and/or offer. Promotion has no cash value. Offer may not be sold, transferred or assigned. Void where prohibited, taxed or restricted by law. Return of any portion of purchase will require forfeiture of the same offer or equivalent. AubreyJackson.shop reserves the right to terminate or modify any promotion at any time without notice. Prices are subject to change without notice. AubreyJackson.shop reserves the right to refuse orders that violate any of the above restrictions.

22. Contact Information:

Questions regarding the Terms of Service should be sent to Support@AubreyJackson.shop.