Terms and Conditions
OVERVIEW
This website is operated by American Leather Direct, Inc. (“ALD”). Throughout the site, the terms “we”, “us” and “our” refer to ALD. ALD 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 herein.
By visiting our website and/or purchasing something from us, you engage in our service (“Service”) and agree to be bound by the following terms and conditions of service (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service are a contract and apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or contributors of content.
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 contractual Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are 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 on 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 our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you affirm and represent that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Service and that you agree to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as this website is not intended for children under the age of 13 who are unaccompanied by his or her parent or legal guardian.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
SECTION 2: GENERAL CONDITIONS AND USE OF THE SITE
ALD reserves the right to refuse service to anyone for any reason at any time.
With the exception of credit card information, you understand and agree that your content may be transferred unencrypted and undergo transmissions over various networks and other changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree that you may view, copy or print pages from ALD’s website solely for personal, non-commercial purposes. You further agree not to otherwise use, modify, copy, print, display, distribute, publish, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without the express, prior written consent of ALD.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
ALD is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: PRODUCTS OR SERVICES
Prices for our products and promotions for these products, including but not limited to free shipping, are subject to change without notice. In addition, certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
ALD has made every effort to display as accurately as possible the colors and images of our products that appear at the store. As leather is a natural product, the actual color of the leather will vary from the image displayed in the listing on the site, and all pieces will vary one from another and contain natural blemishes, discoloration, or scarring. ALD cannot guarantee that your computer monitor's display of any color or style will be accurate.
The square feet of leather sides may vary. General size ranges are included in the item descriptions but, based on availability, other sizes may be selected.
ALD reserves the right, but is not obligated, to limit the sales of our products or the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to discontinue a product or to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of ALD. Any offer for any product or service made on this site is void where prohibited.
ALD’s use of the terms, “strong” or “strength” in describing products on the website does not imply a level of strength that would comply with safety regulations, as leather is a natural material and may have imperfections. ALD does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 5: ACCURACY OF BILLING AND ACCOUNT INFORMATION
ALD reserves 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 contacting the e-mail and/or billing address/phone number 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You further consent and agree to communicate electronically with ALD but understand that in no event should your sole method of communication with ALD regarding an emergency be only by electronic communication.
For more detail regarding these issues, please review our Returns Policy.
SECTION 6: OPTIONAL TOOLS
ALD may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. ALD shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 7: THIRD-PARTY LINKS
Certain content, products and services available via the Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with ALD. We are not responsible for examining or evaluating the content or accuracy, and ALD does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. If you use the links, you will leave ALD’s site, and your activities will be governed by other terms and conditions and privacy practices. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
ALD reserves the right to, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, rude, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. ALD also reserves the right to remove any comments that promote other leather suppliers, the products of other leather suppliers, or the buying and selling of leather products.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 9: PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 10: ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on ALD’s site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. ALD reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order) if any information in the Service or on any related website is inaccurate.
ALD undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11: PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using ALD’s site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate ALD’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on sex, gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. ALD reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
ALD provides the website and the Service on a commercially reasonable basis and does not guarantee, represent or warrant that your use of the Service, the content, or any services offered in connection with the website will remain uninterrupted, timely, secure or error-free. Further, ALD does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time ALD may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by ALD) is provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
ALD does not represent or warrant that its website, the Service, or the content shall be non-infringing on any third party’s intellectual property rights, that defects shall be corrected, that the web pages on the web site, the Service, any electronic communication or the servers used in connection with the web site are or shall remain free from any viruses, worms, time bombs, drop dead devices, trojan horses or other harmful components, or that any person using the web site will be the person that he or she represents himself or herself to be. ALD does not guarantee that you will be able to access or use the website and/or the Service at the times or locations of your choosing, nor that ALD shall have adequate capacity for the web site and/or the Service as a whole or in any specific geographic area.
In no case shall ALD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, ALD’s liability shall be limited to the maximum extent permitted by law.
SECTION 13: INDEMNIFICATION
You agree to indemnify, defend and hold harmless ALD and its parent, subsidiaries, affiliates, owners, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs, including but not limited to reasonable attorneys’ fees, assessed or incurred by ALD due to or arising out of your (1) failure to comply with these Terms of Service, (2) your breach and obligations under these Terms of Service or the documents they incorporate by reference, (3) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (4) your violation of any law or the rights of a third-party, including but not limited to any copyrights, property, or privacy right.
SECTION 14: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or ALD. You may terminate these Terms of Service at any time by notifying ALD that you no longer wish to use our Services, or when you cease using our site. ALD reserves the right to terminate your access to the wholesale or retail portion of the website at any time and for any reason.
If, in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due, up to and including the date of termination; and/or accordingly may deny you access to the Service (or any part thereof).
SECTION 16: ENTIRE AGREEMENT
The failure of ALD to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted on this site or in respect to the Service constitutes the entire agreement and understanding between you and ALD and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including but not limited to any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17: GOVERNING LAW
These Terms of Service and any separate agreements whereby ALD provides you products or services shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.
SECTION 18: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
ALD reserves the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website, and the latest version of the Terms of Service governs the relationship between you and ALD. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19: CONTACT INFORMATION
Questions about the Terms of Service should be sent to ALD at info@aleatherd.com.