Terms & Conditions

TERMS OF SERVICE

Last updated: October 25, 2024

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. THE ARBITRATION AGREEMENT IS SET FORTH IN THE “Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver” SECTION BELOW.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ALBANY PARK, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. 

These Terms and Conditions (“Terms”) constitute an agreement between you (“Buyer,” “you,” or “your”) and Edloe Finch LLC (doing business as Albany Park) (collectively “Albany Park,” “us”, “we”, or “our” and together with you, the “Parties”) concerning the purchase and sale of products (individually a “Product” and collectively the “Products”) through www.albanypark.com (“Site”). Upon acceptance of an order for Products placed by you (“Order”), we agree to supply the Products specified in the Order to you, under these Terms.

Changes. These Terms are subject to change by Albany Park, without prior written notice at any time, in Albany Park’s sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product that is available through this Site. If you do not agree with a change to the Terms, your sole remedy is to not access or use the Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

Order Acceptance and Cancellation. You agree that your Order is an offer to buy, under these Terms, all products listed in your Order. All Orders must be accepted by us, or we will not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

Prices and Payment Terms.

a) All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the Order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

b) We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

c) Terms of payment are within our sole discretion and full prepayment is required for any order unless otherwise specified by us. We reserve the right to specify the manner of payment and will be permitted to withhold delivery of Products until payment is made by you.

 

Shipments; Delivery; Title and Risk of Loss.

a) For purchases of our Products, we will arrange for shipment of the Products to you in accordance with the address and shipping method set forth in your Order. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your Order. All shipping and handling fees are non-refundable.

b) Title and risk of loss pass to you upon our transfer of the Products purchased on our Site to the carrier.

c) Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If the Products cannot be shipped or delivered as set forth in your Order, you will have the option to terminate your Order with respect to any of the Products. Any Product that is placed on backorder will be shipped promptly when available, unless cancelled in writing by you prior to shipment.

 

Returns and Refunds. Except for any products designated on the Site as final or non-returnable, Products may only be returned within thirty (30) of purchase. All returns are subject to our approval. Unless we otherwise approve in writing, all returns must be made in original packaging and the original Products must be returned in “like-new” condition for a full or partial refund to be considered. After the Products are received by us, we will examine and inspect the Products and will make a determination on whether the Products are in “like-new” condition. If the Products are in “like-new” condition, we will accept the Products for return and will credit your account for such Products, less the original shipping and handling costs. Your refund will be credited back to the same payment method used to make the original purchase on the Site. For additional details, rules and exclusions, please visit our Return Policy page by clicking here. 

 

Errors or Omissions. All measurements on the Site and within our advertising are approximate. Errors or omissions in any quotation or other document will be subject to correction, in our sole discretion, and we will not be liable for any deviation in measurements listed on the Site or in our advertisements.

 

Warranty and Disclaimers.

ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

 

Limitation of Liability.

IN NO EVENT WILL ALBANY PARK, its parents, subsidiaries, affiliates, partners, agents, OR licensors and each of their respective officers, directors, shareholders OR employees BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, WILL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

The limitation of liability set forth above will apply to the extent permitted by law.

 

Time Limitation for Claims. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIMS RELATING IN ANY WAY TO THE SITE, THESE TERMS OR YOUR ORDER MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIMS. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND ALBANY PARK ARE PERMANENTLY BARRED FROM PURSUING THAT CLAIM.

 

Indemnification. You agree to indemnify and hold harmless Albany Park, its parents, subsidiaries, affiliates, partners, agents, and licensors and each of their respective officers, directors, shareholders and employees against and from any and all liabilities, claims, costs, damages, reasonable settlements and expenses (including without limitation reasonable attorneys' fees and court costs) to the extent arising out of or attributable to your breach of any of the provisions, representations, or warranties set forth in these Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. You will cooperate as fully and as reasonably required in our defense of any claim.

 

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Governing Law and Jurisdiction. These Terms and your Order will be governed and interpreted in accordance with the laws of California, including its provisions of the Uniform Commercial Code, without reference to principles of conflict of laws. The Parties exclude the application of the Convention on International Sale of Products to the Terms and Order. Any action at law, suit in equity, or other judicial proceedings for the enforcement of these Terms or the Order, or related to any provision of these Terms or the Order, will be instituted only in state or federal courts with venue in Orange County, California. Each Party hereby consents to personal jurisdiction and venue in Orange County, California.

 

Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver.

a) Disputes. The terms of this Section 13 will apply to all Disputes between you and Albany Park. For the purposes of this Section, "Dispute" will mean any dispute, claim, controversy or action between you and Albany Park that has arisen, arises under or relates in any way to your use of the Site, these Terms, your Order, or any other transaction or interaction, whether occurring in the past, present, or future, involving you and Albany Park, or involving anyone acting on behalf of or in concert with you and/or anyone acting on behalf of or in concert with Albany Park, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and will be interpreted to be given the broadest meaning allowable under law.

b) Binding Arbitration. You and Albany Park agree: (1) all Disputes will be resolved exclusively by final and binding individual arbitration, except as otherwise set forth in these Terms, and, except that, to the extent you have in any manner violated or threatened to violate Albany Park’s intellectual property rights, Albany Park may seek injunctive or other appropriate relief in any state or federal court in the state of California, your state of domicile now, at the time of such violation, or at the time of such an action, or any state in which you have conducted business, and you consent to jurisdiction and venue in such courts; (2) these Terms involve a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. subs 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section will survive termination of these Terms.

c) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. EXCEPT AS PROVIDED FOR IN SECTION 13(g) BELOW, ANY DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS. ACCORDINGLY, EXCEPT AS PROVIDED FOR IN SECTION 13(g) BELOW, AN ARBITRATOR WILL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

d) Arbitration Procedure. An arbitration under this agreement will be administered by the AAA and be governed by the then-current AAA Consumer Arbitration Rules ("AAA Rules"), except AAA may not administer any multiple claimant or class arbitration, as the Parties agree that the arbitration will be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. All Disputes will be resolved by a single neutral arbitrator, and both Parties will have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.

You may obtain more information about arbitration and how to file a Demand for Arbitration at www.adr.org.

e) Hearing Format. Unless otherwise agreed, the arbitration will take place in either Orange County, California, your County of residence at the time of purchase or at the time the arbitration is initiated, or virtually. In all hearing formats, the arbitrator will issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. If the Mass Filing process described in Section 13(g) is triggered, then the location of any hearing will be determined by the arbitrator.

f) Arbitration Fees. The fees and costs of the arbitration will be borne according to AAA's then-applicable Consumer Fee Schedule.

g) Mass Filing. If 25 or more claimants (including you), represented by the same counsel or counsel acting in concert with one another, seek to pursue in arbitration similar Disputes against Albany Park ("Mass Filing"), you agree to the application of the AAA Mass Arbitration Supplementary Rules and Consumer Mass Arbitration and Mediation Fee Schedule.

h) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court's jurisdiction and is pending only in that court.

i) Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms by sending a written letter to Edloe Finch, LLC, Attn. Legal Department, 6415 Katella Avenue, Cypress, CA 90630 USA within thirty (30) calendar days of your Order. The letter must be signed personally by you and specify: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms will continue to apply.

j) Severability. If any provision in this Section is found to be unenforceable, that provision will be severed with the remainder of these Terms remaining in full force and effect. The foregoing will not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section 13 will be null and void. The foregoing will also not apply to the Mass Filing process described in Section 13(g); all aspects of that process are part of one integrated whole, and if any part of that process is held to be invalid or unenforceable, then this entire Section 13 will be null and void. The terms of this Section will otherwise survive any termination of these Terms.

k) Exclusive Venue for Other Controversies. Albany Park and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) will be filed only in the state or federal courts located within the Orange County, California, and each Party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

 

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

Privacy Notice. By accessing and using the Site, you confirm you have read and understand our Privacy Policy. Click here to view our Privacy Policy.

 

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Albany Park.

 

Severability. Unless otherwise stated, if any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

Entire Agreement. These Terms will constitute the entire agreement between the Parties and will supersede all prior and contemporaneous proposals, negotiations and counterproposals. The Parties intend for the Terms to be a final expression of their agreement and a complete and exclusive statement of the terms and conditions thereof. Prior dealings between the Parties or usage of trade (whether before or after the date of the Order) will not be relevant to supplement or explain any term used in these Terms. Acceptance or acquiescence in a course of performance rendered under the Terms will not be relevant to determine the meaning of the Terms even though the accepting or acquiescing Party has knowledge of the nature of the performance or usage of trade and an opportunity for objection. Nothing in the Terms will be construed as creating any direct or beneficial right in or on behalf of any third party.